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One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A Reasonable Accommodation


The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct purposes but require a covered employer to grant medical leave to employees in certain circumstances. Employees may require a leave of absence for a myriad of reasons and in many scenarios the employer’s obligations differ greatly in each situation. The Third Circuit Court of Appeals recently decided a case that makes navigating the FMLA/ADA waters a bit trickier. In Capps v. Mondelez Global, LLC, No. 15-3839, 2017 U.S. App. LEXIS 1593 (Jan. 30, 2017), the Court held that under certain circumstances a request for FMLA may also qualify as a request for a reasonable accommodation under the ADA. Continue Reading