FMLA vs. ADA: Which Law Protects You When You Need Time Off Work?

Chris Suffecool
Sep 9
2 min read

Short version: Employees often confuse the Family and Medical Leave Act (FMLA) with the Americans with Disabilities Act (ADA). Both can apply when you need medical leave, but they work differently. In Arizona, knowing which law applies can help you protect your job and income.

Who’s Covered by the FMLA?

Employers with 50 or more employees within a 75-mile radius.
Employees who worked at least 12 months and 1,250 hours in the prior year.
Provides up to 12 weeks of unpaid, job-protected leave in a 12-month period.
Leave can be continuous or intermittent (e.g., treatments, flare-ups).
Restores you to the same or equivalent job after leave.

Who’s Protected by the ADA?

Employers with 15 or more employees.
Covers employees with a disability — a condition that substantially limits a major life activity.
Requires employers to provide reasonable accommodations unless it causes undue hardship.
Reasonable accommodations may include: modified duties, flexible schedules, assistive tech, or even extended unpaid leave.
No set time limit — leave must be “reasonable.”

How They Work Together

Example: An employee diagnosed with cancer may take 12 weeks of FMLA leave for treatment. After that, if they still need limited duty or part-time work, the ADA may require the employer to accommodate.
Key difference: FMLA guarantees time off with job protection; ADA requires adjustments that allow the employee to keep working (or return to work).

Arizona Law

The Arizona Civil Rights Act mirrors ADA protections for disability discrimination (applies to employers with 15+ employees).
Arizona’s Paid Sick Leave Law (for most employers with 15+ workers) gives additional short-term paid time off, but it doesn’t replace FMLA or ADA protections.

Retaliation Protection

Both FMLA and ADA prohibit employers from retaliating if you:

Request leave.
Request an accommodation.
File a charge or complaint.

FAQs

Q: Can I use both FMLA and ADA protections at the same time?

A: Yes. They sometimes overlap. You may take FMLA leave and then request ADA accommodations afterward.

Q: Does FMLA leave have to be paid?

A: No. FMLA is unpaid, but employees may use paid sick or vacation time concurrently.

Q: My employer has fewer than 50 employees — am I protected?

A: FMLA won’t apply, but you may still have rights under the ADA or Arizona Civil Rights Act.

Bottom Line

If you need time off for medical reasons, check if you qualify under FMLA, ADA, or both. Each law offers protections, but they differ in scope and eligibility. Acting quickly and documenting your requests is the best way to safeguard your rights.

Other Resources

If you believe your employer has not paid you what you are owed, see our post on Wage Claims.
If you believe you've been retaliated against based on discriminatory reasons (gender, race, age, nationality, etc.), see our post on Retaliation Claims.
If you believe you've been retaliated against based on reporting a potential violation of Arizona state law, see our post on the Arizona Employment Protection Act.

Disclaimer: This post is for general information only and is not legal advice. Every case is unique — consult an attorney about your situation.