The University of Arizona

Recent Amendments to the ADA and FMLA


Recent Amendments to the ADA and FMLA


Amending the Americans with Disabilities Act (ADA), the 2008 ADA Amendments Act (ADAAA) took effect in January 2009.  The ADAAA explicitly rejects holdings in several United States Supreme Court cases regarding who is considered disabled under the ADA, expanding such coverage both for individuals who have disabilities and for individuals who are regarded as having disabilities.  Mitigating measures, such as medication, prosthetics, and the use of assistive devices, will no longer be considered in determining whether someone is disabled and substantially limited in a major life activity, with certain exceptions.  If you believe you are an individual with a disability who requires reasonable accommodations, either to perform your job, to take full advantage of your education, or in seeking access to services, please continue to contact Disability Resources at The University of Arizona.

Recent amendments to the federal Family and Medical Leave Act (FMLA) provide up to 6 months (rather than 12 weeks under the prior law) of leave for family members caring for military veterans injured while on duty in the U.S. Armed Forces; and up to 12 weeks of leave to family members of armed services personnel called up to active duty.  It also makes a new category of employees eligible for leave if they have immediate family members called to active duty, without regard to any medical issues.  It also expands the definition of "covered employee" to include next of kin or nearest blood relative of a covered service member.  For questions related to leaves under the provisions of the FMLA Amendments, please contact your Human Resources representative.  All FMLA leave requests and supporting medical documentation should be provided directly to Human Resources, rather than to your department administrator.

University policies and practices will be modified, as appropriate, to reflect these new legal requirements.