Navigating Employee Leaves: What Employers Need to Know (FMLA, ADA, State Leave) (June 2026 TogetHR Times)

Employee leave questions can be challenging for any employer, but they are especially complex for small businesses trying to determine which laws apply and which do not. Federal requirements like the Family and Medical Leave Act, accommodation obligations under the Americans with Disabilities Act, and a growing number of state and local leave laws all factor into leave decisions. Understanding where your obligations begin and end is essential for managing risk and supporting employees appropriately. 

FMLA is often the law employees reference first, but it does not apply to every employer. In general, FMLA covers private employers with 50 or more employees within a 75 mile radius. Employees must also meet eligibility criteria related to length of service and hours worked. Many small employers fall outside this coverage, even when employees request leave and refer to it as FMLA. When FMLA does not apply, employers are not required to provide job protected leave under that law, but the analysis should not stop there. 

For employers not covered by FMLA, leave decisions are often driven by state law, company policy, and, in some cases, disability accommodation requirements. Many states have enacted their own family and medical leave laws, some of which apply to much smaller employers and may include paid benefits. Others mandate paid sick leave or pregnancy related leave regardless of employer size. Small employers should be cautious about assuming that exemption from FMLA means exemption from all leave obligations. 

The ADA is another important consideration, although it does not apply to every employer. At the federal level, the ADA’s employment provisions generally apply to employers with 15 or more employees. For covered employers, the ADA requires reasonable accommodations for qualified employees with disabilities, unless doing so would create an undue hardship. In some cases, a temporary period of unpaid leave can be a reasonable accommodation, even when FMLA is not available or has been exhausted. 

For employers with fewer than 15 employees, the federal ADA may not apply. However, many states and local jurisdictions have disability discrimination laws with lower thresholds that do apply to small employers. These laws may impose accommodation obligations similar to the ADA, including flexibility around medical or disability related absences. As a result, even very small employers should review applicable state and local requirements before denying leave requests tied to medical conditions. 

Clear policies remain important, especially for small organizations. Even when leave is not legally required, having consistent guidelines around time off for medical or family reasons can help reduce confusion and support fair decision making. Policies should be written carefully to avoid unintentionally promising more than the business can sustain, while still allowing room for individualized consideration. 

Managing employee leave ultimately requires a balance between legal compliance, operational needs, and practical judgment. Small employers often rely on flexibility and close working relationships, but consistency and documentation still matter. Taking the time to understand which laws apply and how they intersect can help employers avoid costly mistakes while supporting employees during significant life events. 

By Joan Klopfer