If an employee needs time off for a disability, the Americans with Disabilities Act (ADA) may require you to make it happen. While it is an exercise in compliance, it also protects your organization and ensures people are treated fairly.
However, ADA leave can feel like a legal and operational minefield.
A request that seems straightforward — a few weeks for surgery recovery, for example — can quickly become complex if you’re not clear on the rules. Whether the request involves ongoing treatment for a chronic illness, a recovery period after an accident, or mental health support, the law may require an ADA leave of absence.
This article covers the processes behind ADA, decisions you need to make, and will help you develop a working understanding of what ADA compliance actually requires.
What is ADA leave?
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against qualified individuals with disabilities. It applies to most employers with 15 or more employees and requires reasonable accommodations so those employees can perform their jobs.
Sometimes, that “reasonable accommodation” is time away from work — known as ADA leave.
If you already have a system for leave management, you’re ahead. But ADA leave brings layers of complexity that go beyond automation. To understand how that complexity works, let’s explore where ADA leave begins.
What qualifies for ADA leave?
An employee may qualify for ADA leave if a physical or mental condition substantially limits one or more major life activities like walking, lifting, concentrating, seeing, or speaking.
The ADA’s definition is broad and wide variety of conditions may qualify:
- Physical conditions
- Neurological disorders (e.g., epilepsy, multiple sclerosis)
- Musculoskeletal conditions (e.g., arthritis, back impairments)
- Cardiovascular conditions (e.g., heart disease, hypertension)
- Respiratory conditions (e.g., asthma, COPD)
- Endocrine disorders (e.g., diabetes, thyroid conditions)
- Immune disorders (e.g., HIV, lupus)
- Cancer (any stage, if limiting)
- Sensory impairments (e.g., blindness, deafness)
- Mental and cognitive conditions
- Major depressive disorder
- Anxiety disorders
- Bipolar disorder
- PTSD
- Schizophrenia and other psychotic disorders
- Autism spectrum disorder
- Traumatic brain injury
- Learning disabilities (e.g., dyslexia)
- ADHD
- Other qualifying factors
- Temporary impairments, if severe enough (e.g., recovery from major surgery)
- Conditions in remission, if they would be substantially limiting when active
- Multiple conditions combined, even if each alone might not be limiting
The Equal Employment Opportunity Commission (EEOC) stresses that the list is not exhaustive and employers should assess each case individually.
However, the conditions for ADA leave depend on how the conditions limit an employee’s ability to perform job tasks. Even temporary impairments can qualify if they’re severe enough.
How does ADA leave differ from a permanent disability?
ADA leave indicates that the employee must still be qualified for the job, with or without accommodation; whereas a permanent disability is as it infers, a permanent impact on job function.
If time off will enable them to return and perform their duties, leave may be a reasonable option. The EEOC encourages employers to assess requests individually and engage in an interactive process.
How do employees apply for ADA leave?
The process starts when an employee tells you they need time off for a medical condition. That triggers your obligation to start the “interactive process”— a back-and-forth conversation to understand the request and explore options.
You can request medical documentation to understand how the condition affects job performance, but keep it job-related, consistent with your policy, and confidential.
Many organizations use a formal ADA leave request form to establish a process. The form includes the expected duration, work limitations, and whether intermittent leave is needed. The request and documentation should be handled in accordance with your company’s leave policy.
How long can an employee be on ADA leave?
The ADA does not define a specific time limit.
Unlike FMLA’s fixed 12 weeks, ADA leave is determined by what’s “reasonable” in the situation. That means weighing the expected duration, your ability to temporarily cover the role, and whether an extended leave of absence would cause undue hardship.
The EEOC has stated that short-term leave extensions beyond FMLA may be required under the ADA if there’s a defined return date. However, indefinite leave with no clear timeline is generally not considered reasonable.
Do employees get paid during ADA leave?
The ADA doesn’t require paid leave — it only requires that you consider unpaid leave as a reasonable accommodation. But employees might still receive income through other benefits or programs.
These may include:
- Using accrued PTO or sick leave
- Receiving short-term disability benefits
- Leveraging state-paid family or medical leave programs, if available
- Accessing employer-provided paid leave as part of a benefits package
Does ADA leave guarantee job protection?
In most cases, yes, ADA leave guarantees job protection, but it’s not unlimited.
If an employee can’t perform essential job duties, even with accommodations, or the absence becomes indefinite, you may not have to hold the position. The same applies if extended leave would create significant difficulty or expense for your organization.
Before making that call, document your process, involve HR and legal counsel, and explore all reasonable alternatives such as reassignment or adjusted duties.
Can an employee be terminated while on ADA leave?
Yes, an employee can be terminated while on ADA leave, but only under specific circumstances and with extreme caution. Termination decisions must be based on objective, well-documented factors and should involve HR and legal review.
An employee may be lawfully terminated while on ADA leave if they can no longer perform the essential functions of the role, even with accommodations, or if the leave becomes indefinite or creates undue hardship.
What is undue hardship in ADA?
Undue hardship is a fact-intensive inquiry with many legal implications. Before writing off a situation as undue hardship, consider:
- Nature and cost of the accommodation
- Your organization’s size, operations, and financial resources
- Effect on coworkers, customers, and overall operations
The EEOC warns that leave-related absences must never be used as a pretext for disability discrimination.
If the employee can’t return to their current role—even with accommodations—but can perform another role, you may have to offer a vacant position for which they’re qualified, unless this causes undue hardship.
What is the difference between ADA and FMLA leave?
ADA and FMLA can overlap, but they’re not interchangeable. FMLA leave applies to employers with 50 or more employees and provides up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. ADA applies to employers with 15 or more employees and requires reasonable accommodations for qualified individuals with disabilities, which may include time off.
| ADA | FMLA | |
| Employer coverage | 15+ employees | 50+ employees |
| Purpose | Reasonable accommodations for disabilities | Job-protected leave for specific family/medical reasons |
| Leave length | No fixed limit; must be “reasonable” | Up to 12 weeks |
| Paid? | Not required, but health coverage must be treated equally among ADA cases | Not required, but existing health coverage must remain |
| Process | Interactive, case-by-case | Automatic if eligible |
In many cases, employees may qualify for both types of leave. They may even run concurrently, but you must track employee leave each separately to stay compliant.
Best practices for ADA leave
Save this as your go-to framework whenever an ADA leave request comes in, whether it’s for a few weeks, a few months, or overlapping with other leave laws like FMLA.
1. Recognize and document the request
☐ Listen for triggers—employees don’t need to say “ADA” for the request to apply
☐ Record the date, nature of the request, and who received it
☐ Acknowledge receipt and explain what will happen next
2. Start the interactive process
☐ Engage in a conversation about how the condition affects job duties
☐ Request only the medical documentation necessary to evaluate the leave
☐ Identify essential job functions to see if leave will enable a return to work
3. Evaluate eligibility and reasonableness
☐ Confirm ADA coverage (generally 15+ employees)
☐ Determine if the condition substantially limits major life activities (e.g., walking, concentrating)
☐ Weigh leave length, operational impact, and temporary coverage options
☐ Consider whether the request creates an undue hardship
4. Coordinate with other leave laws
☐ Check if the employee is eligible for FMLA and run leaves concurrently if applicable
☐ Review state and local leave laws that might apply
☐ Apply leave policies consistently to avoid disparate treatment
5. Address pay and benefits
☐ Clarify that ADA leave is unpaid unless covered by PTO, sick leave, or other benefits
☐ Explain how health insurance and other benefits will be handled
☐ Provide information about state disability programs or employer-paid leave
6. Set expectations and timelines
☐ Confirm start and anticipated end dates in writing
☐ Explain how to request extensions or return early
☐ Maintain open communication throughout the leave
7. Plan for coverage
☐ Reassign duties to maintain productivity
☐ Adjust schedules using employee scheduling software to avoid coverage gaps
☐ Keep managers informed without disclosing medical details
8. Track, monitor, and stay compliant
☐ Keep a complete record of all requests, communications, and decisions
☐ Use solutions like TimeClock Plus to track leave balances and forecast accruals
☐ Generate audit-ready reports to demonstrate compliance
9. Prepare for return-to-work
☐ Reevaluate accommodations needed for the employee’s return
☐ Update job descriptions if essential functions have changed
☐ Provide a clear schedule and expectations in advance
10. If termination is considered
☐ Explore all reasonable alternatives before moving forward
☐ Document objective, non-discriminatory reasons for termination
☐ Involve HR and legal counsel to ensure compliance
Managing ADA leave with time tracking software
Getting ADA leave right means balancing compliance with empathy. With the right employee time tracking solution, you can track requests, deadlines, and documentation all in one place.
Whether the leave is paid, unpaid, or a mix of both, you can manage ADA, FMLA, and other leave types while staying compliant with local, state, and federal leave laws. From overlapping requests to intermittent schedules, TimeClock Plus gives you the visibility and control to handle even the most complex scenarios with confidence.
Our leave management systems help simplify employee leave and accruals and keep you confident when it comes to leave compliance, no matter which type of leave you’re managing.
TCP Software’s employee scheduling and time and attendance solutions have the flexibility and scalability to suit your business and your employees, now and as you grow.
From TimeClock Plus, which automates even the most complex payroll calculations and leave management requests, to Humanity Schedule for dynamic employee scheduling that saves you time and money, we have everything you need to meet your organization’s needs, no matter how unique. Plus, with Aladtec, we offer 24/7 public safety scheduling solutions for your hometown heroes.
Ready to learn how TCP Software takes the pain out of employee scheduling and time tracking? Speak with an expert today.
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