Senior Living and Long-Term Care Employers Should Review Their Practices on Leaves of Absence

It has been over 22 years since the enactment of The Family and Medical Leave Act ("FMLA"), which provides up to 12 weeks of job protected leave for an employee with a serious health condition. While most senior living and long-term employers are well-versed in the FMLA and its requirements, some level of confusion continues as to what obligations an employer has under the Americans with Disabilities Act ("ADA") to provide leave above and beyond FMLA requirements for persons with disabilities. This obligation is compounded by the 2009 revisions to the ADA, which expanded the scope of the definition of a disability.

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