Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
Intermittent leave under the ADA wouldn't necessarily guarantee benefit continuation. The person requesting the leave accommodation would, to be certain, still be an employee of the employer. Thus he or she would be entitled to benefits as an other employee. However, most benefits plans require the employee to to have worked an average of 32 hours during the preceding three months. It's not really within the employer's control whether the employee meets this requirement under the benefits plan. So, you'd need to review the health insurance plan documents to determine if you'd continue to qualify for befits. Unlike the FMLA leave, the ADA does not guarantee benefit continuation or job security while on leave.
The ADA is focused on what is a "reasonable accommodation" for the employer, which simply means, in a nutshell, the bigger the employer and its ability to withstand an employee being on leave for a protracted period, the more likely it is reasonable for them to grant leave and job security. The employers often times do not have to provide leave and job continuation under the ADA because the same is an undue hardship for them. This determination is to be made on a case-by-case basis.
The best I can tell you given the information provided in your question, is that you should request ADA intermittent leave as a reasonable accommodation; you've got nothing to lose because you've exhausted FMLA. If you are not granted the the accommodation, then you'd could file a charge with the Equal Employment Opportunity
Commission (the EEOC
). The EEOC would then investigate the matter and determine if leave would have been required by the ADA or if it would have otherwise been an undue hardship on the employer.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.