ADA and FMLA Overlap Creates Recurring Compliance Risk for HR Teams

ADA and FMLA compliance failures often stem not from unfamiliarity with the laws but from missing critical transition points, according to guidance from Constangy, Brooks, Smith and Prophete attorney Kristin Titley. Key risk areas include automatically terminating employees after FMLA exhaustion without assessing ADA obligations, and assuming employees must formally invoke FMLA to trigger employer duties. Titley notes that front-line managers, often first to hear absence-related information, need training to recognize potential triggers. On accommodations, employers are not required to provide an employee's preferred option but must engage in a documented, good-faith interactive process before reaching any final decision.

Source: HR Daily Advisor. Original announcement: October 12, 2026.