Here is an interesting scenario for employers: An employee breaks her leg skiing, resulting in her inability to drive for six weeks until the break is expected to heal. She contacts human resources and requests Family and Medical Leave Act paperwork to request a remote work arrangement until she is able to drive again. The employee is upset when HR responds that FMLA is not applicable to her request.
 
FMLA only provides employees with job-protected leaves of absence for certain serious health conditions and other covered situations. The law does not require employers to modify jobs to allow employees to continue working during the 12-week FMLA period. In this case, HR was correct in concluding that FMLA was not available if the employee was not requesting a leave of absence.
 
The Americans with Disabilities Act does require employers to provide reasonable accommodations to permit qualified employees with a disability to perform the essential functions of the job. Remote work can be a required ADA accommodation. However, the ADA’s definition of disability is not the same as the FMLA’s definition of a serious health condition. Short-term medical problems that are expected to be resolved without complications (such as a broken leg) are clearly FMLA serious health conditions, but they may not rise to the level of an ADA disability.
 
In the above scenario, HR could explain to the employee that they may be entitled to FMLA leave if they are incapacitated from working. While the employer may voluntarily accommodate a non-disabled employee who intends to continue working during recovery, neither the ADA nor FMLA mandate such accommodations.

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