However, it is unlawful for any employer to interfere with the exercise of any right provided by FMLA. To comply with ADA, her employer needed to make these accommodations for her whether or not she had FMLA status. To comply with FMLA, her employer can require re-certification by a doctor of her need for the status, but cannot ask her to give up the status as a bargaining chip to get other rights. That would be like saying "oops, my doctor is wrong, I'm cured!" which would make the ability to get accommodations under ADA highly questionable!

Remember that ADA does not require your employer to give you any extra time off due to your Migraines. If you give up your FMLA status, "reasonable accommodation" does not have to include giving you unpaid time off. The idea of "reasonable accommodation" is that with the accommodations given, you are able to perform the functions of your job, the same as other employees, with the same allowed time off as other employees.

It's best if we look at these laws as tools to help us stay employed. What accommodations at work will make it possible for me to perform my job without triggering so many Migraines that I am unable to work? Do I need additional time off, above my paid vacation and sick leave time, so that I can care for myself when I have a Migraine, recover, and get back to work?

The idea of both laws is to level the playing field - with ADA, to enable you to keep working with accommodations the same as someone without your disability, with FMLA to enable you to work during the time you are at work, the same as anyone else. Your employer is going to focus on their bottom line - getting the work done in the organization. Dealing with ADA and FMLA presents them with a challenge, but you need to make clear that you are just trying to make it possible to keep working, and doing the best job you possibly can.

~This sharepost is legal education, not legal advice. No attorney-client relationship is created.~

© Megan Oltman

Last updated June 19, 209