July 23, 2025
Dealing with an injury or condition can be painful enough — but navigating employee leave laws adds another level of headache altogether. The Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and workers’ compensation (WC) laws each have their own rules, timelines and documentation requirements. Sometimes they intersect, sometimes they’re at odds.
Let’s untangle this web and help you keep a messy situation from getting messier.
Defining the big three:
Americans with Disabilities Act (ADA) is a federal law that prohibits disability discrimination and requires reasonable accommodations.
Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave for certain medical or family reasons.
Workers’ compensation (WC) is a state-mandated insurance that covers medical expenses and lost wages for employees injured on the job.
Three laws, three standards, one sandbox
Since each law covers different ground, each has different requirements when it comes to paperwork you can (and should) request.
ADA documentation allows for more detail. Employers can ask for reasonable documentation that explains how the condition limits an employee’s ability to perform. If leave is being requested, documentation must relate to the specific condition. Also, it is the employer, not a doctor, who determines if the employee qualifies.
FMLA documentation is the most restrictive. Employers can request medical certification of a serious health condition but not detailed medical records. Employers can also request second or third opinions at their own expense.
WC documentation is a wild card. Requirements vary by state but typically involve certification from a WC-approved physician. If WC and FMLA overlap, the employee’s personal doctor might not even need to be involved.
When it comes to documentation, you can’t paint with a wide brush. You need to stay within the lines of what you’re allowed to request, otherwise you’re inviting even more headaches.
Benefits during leave
Continuance of benefits can be tricky to navigate; it’s where a lot of employers get tripped up.
ADA doesn’t guarantee benefit continuation — but you must treat ADA leave the same as any other non-ADA leave.
FMLA is the only law that requires continued health insurance during leave. As long as the employee pays their share, coverage continues.
WC doesn’t require continued benefits, but if WC leave qualifies for FMLA, you’ll need to run them concurrently to not inadvertently violate FLMA protections.
If WC and FMLA run concurrently (which they often do), FMLA protections — like health coverage — kick in. Otherwise, your organization’s benefit policies will do the heavy lifting.
Light duty or leave
Whether a claim requires leave or light duty is another point of difference between the laws.
ADA requires you to consider light duty as a reasonable accommodation— unless it causes undue hardship on the employer.
FMLA doesn’t recognize light duty under the regulations and if an employee accepts light duty, the leave will end.
WC varies from state to state, but in most states, employees must accept suitable light duty or risk losing benefits.
If you offer light duty under WC, consider offering it under ADA, and always run FMLA concurrently with WC when applicable. When your organization’s policies are aligned accordingly, you’re more protected from a legal misstep.
Why it matters
Managing the overlap and difference between these laws can be confusing — and risky. But knowing the difference and understanding their requirements is the best way to stay compliant, support your employees and avoid possibly costly mistakes.
Remember, this is just a high-level overview. Between state differences and union agreements, there are many more layers. If you have any doubts, check with your legal or HR departments, or visit sedgwick.com for more resources.
