The ADA and PFML Intersection: How to Stay Compliant, Plus Trump's ADA Administrative Guidance Changes

The ADA and PFML Intersection: How to Stay Compliant, Plus Trump’s ADA Administrative Guidance Changes

By Lizzie ShortPublished On: April 2, 2025

The Americans With Disabilities Act (ADA) and the Paid Family Medical Leave (PFML) policy both offer employees time off for medical reasons. In certain situations, an employee may be eligible for additional time off under the ADA even after their PFML period has ended. Here’s what you need to know:

Program	ADA	PFML
Who is eligible?	Employees who have a disability—a physical or mental impairment that affects a significant life activity. To confirm the impairment: The impairment must have been documented over time. Others consider that this person has an impairment.	Employees are eligible for leave under the PFML if they or a family member has a serious medical issue involving inpatient care or continued medical treatment. Additionally, employees must work at a location with at least 50 employees in a 75-mile radius to be eligible. Employees must also: Have worked 12 months for a covered employer (not necessarily consecutively). Have worked a minimum of 1,250 hours in the 12 months prior to leave being taken.
What is the maximum leave period required by law?	Under the ADA, employers are required to make reasonable accommodations—including time off. There is NO set maximum for how long a leave period can be under the ADA, though indefinite leave is generally not permitted.	12 weeks of unpaid leave in a 12-month period, 26 weeks for military caregiver leave.
What medical conditions are covered?	The ADA doesn’t give a full list of medical conditions that warrant ADA leave. However, the law does list common examples, such as cancer and diabetes.	FMLA coverage is usually granted for the following medical conditions: Conditions that cause someone to stay at a hospital overnight Conditions in which someone is incapacitated for 3 or more days, requiring medical treatment Chronic conditions that require twice-yearly treatment Pregnancy, including prenatal appointments, any incapacity that occurs, and any medically required bed rest.

Program

ADA

PFML

Who is eligible?

Employees who have a disability—a physical or mental impairment that affects a significant life activity.

To confirm the impairment:

The impairment must have been documented over time.
Others consider that this person has an impairment.

Employees are eligible for leave under the PFML if they or a family member has a serious medical issue involving inpatient care or continued medical treatment.

Additionally, employees must work at a location with at least 50 employees in a 75-mile radius to be eligible.

Employees must also:

Have worked 12 months for a covered employer (not necessarily consecutively).
Have worked a minimum of 1,250 hours in the 12 months prior to leave being taken.

What is the maximum leave period required by law?

Under the ADA, employers are required to make reasonable accommodations—including time off.

There is NO set maximum for how long a leave period can be under the ADA, though indefinite leave is generally not permitted.

12 weeks of unpaid leave in a 12-month period, 26 weeks for military caregiver leave.

What medical conditions are covered?

The ADA doesn’t give a full list of medical conditions that warrant ADA leave. However, the law does list common examples, such as cancer and diabetes.

FMLA coverage is usually granted for the following medical conditions:

Conditions that cause someone to stay at a hospital overnight
Conditions in which someone is incapacitated for 3 or more days, requiring medical treatment
Chronic conditions that require twice-yearly treatment
Pregnancy, including prenatal appointments, any incapacity that occurs, and any medically required bed rest.

When the ADA and PFML Intersect

After an employee takes leave for a qualified reason under the PFML, they may still be eligible for additional leave under the ADA. The Equal Employment Opportunity Commission (EEOC) has determined that employer policies that result in termination, if an employee is still unable to return to work after the end of their PFML, are unlawful and conflict with ADA.

If an employee finishes their 12 weeks of unpaid leave and is not able to return to work, employers need to work proactively with the employee to determine if they will be able to return to work after additional time off. Because the ADA doesn’t permit indefinite leave, the leave period must be for a predetermined period of time. However, employers must bear in mind state-specific laws that might have different requirements.

Changes to the ADA Under the Trump Administration

In March, the Justice Department announced they were rescinding 11 pieces of guidance on the ADA, saying these changes would streamline processes for businesses.

The first five pieces of guidance relate specifically to the Covid-19 pandemic and situations that arose as a result. The remaining pieces of guidance touch on much older pieces of guidance, with the oldest dating back to 1999.

The remaining changes focus on the following pieces of guidance:

Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009). Provided retail stores with guidance on accessibility throughout the business.
Expanding Your Market: Gathering Input from Customers with Disabilities (2007). -Suggested businesses ask customers with disabilities for feedback when soliciting customer input.
Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006). Best practices for hotel operators on maintaining accessibility.
Reaching out to Customers with Disabilities (2005). Basic guidelines on providing accessible routes and reasonable accommodations for disabled persons. Also clarified that accommodation costs were not to be passed onto customers requesting the accommodations.
Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999). 1990: ADA required gas station employers to provide refueling assistance at self-serve gas stations without charging more. 2012: Updated to state that gas station pumps must be no higher than 54 inches for accessibility reasons.
Five Steps to Make New Lodging Facilities Comply with the ADA (1999).Gave lodging operators five suggested steps to follow to remain compliant with current ADA Design Standards, which were then updated in 2010.

While these guidance resources have been removed, employers must still remain fully ADA-compliant. Any business that operates a place of public accommodation (restaurants, hotels, retail stores, etc.) must continue to comply with the ADA and ensure that they are accessible to individuals with disabilities.

It remains unclear how these rescinded guidelines will impact businesses and persons with disabilities, or how soon their effects will be felt. A lack of clarity around accessibility requirements could result in lawsuits if people with disabilities find they’re denied necessary accommodations.

The Massachusetts Bay Transit Authority (MBTA) learned this lesson the hard way when they faced a class-action lawsuit which found they were out of compliance with both state and federal ADA requirements. The settlement launched a new era of accessibility for public transit in Massachusetts—but with a high price tag.

Maintaining federal and state ADA requirements remains critical for employers. With fewer federal resources providing guidance, legal teams and other third-parties may step up to fill the knowledge gap.

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The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.