Disability and Family Leave Laws Help Employees Deal with Illness and Injury
Many illnesses that require employees to take extended sick leave are also considered covered disabilities. As a result, both disability laws and family leave laws can help protect your right to maintain your job while caring for your medical needs. The ADA and FMLA can help you avoid negative employment actions. The laws require your employer to give you the right to take care of your medical needs without getting fired from work or face other punishments for missing work.
Learn how you can use both disability laws and family leave laws to help you protect your rights in the workplace. The ADA and FMLA can ensure you have a job to return to when you heal from your serious illness or injury.
What Medical Conditions Count as Qualified Disabilities Under the Law?
Federal and state laws protect employees from any negative employment actions based on a covered disability. Under the law, a covered disability may include any of the following medical conditions:
- Cancer
- Full or Partial Paralysis
- Loss of Limbs
- Stroke
- Heart Disease
- Diabetes
- Multiple Sclerosis
- HIV/AIDS
- Autism
- Down Syndrome
- Pregnancy-Related Conditions (e.g., gestational diabetes, preeclampsia)
- And More
Employers must provide reasonable accommodations for employees dealing with covered disabilities. These accommodations may include time off from work for treatment, hospital stays, and other medical needs.
Note: While pregnancy itself is not considered a disability under the ADA, certain pregnancy-related medical conditions may qualify as disabilities if they substantially limit one or more major life activities. In such cases, employers are required to provide reasonable accommodations.
How Can Federal Disability Laws Protect Your Right to take Time Away from Work for Medical Concerns?
Federal disability laws protect employees in companies with 15 or more employees from any type of punishment, retaliation, or getting fired from work for taking time off to handle a covered medical condition.
The law prohibits an employer from choosing to demote a person, refuse a promotion to a person, terminate employment, reduce a person’s salary, refuse to hire an individual, or take any other negative employment action against a person with a covered disability because they need to take time to deal with their ailment. As a matter of fact, federal laws mandate that employers provide disabled employees with the time off that their doctors require them to take so they can heal or deal with their illness.
How Can the Family and Medical Leave Act Protect Your Right to Take Time Away from Work for Medical Concerns?
In the same vein, the Family and Medical Leave Act requires covered employers to provide qualified employees at least 12 weeks of unpaid time off to deal with medical concerns. You can take time off at once or over the course of time.
Employees must work in companies with at least 50 employees within a 75-mile radius. Employees must also work at least 1250 hours to be eligible for leave. However, state laws may provide unpaid or paid medical leave for employees working in smaller companies.
What Can You Do If Your Boss Punishes You for Taking Time Away from Work for a Medical Condition?
If your boss retaliates against you because you took approved time off from work for your medical conditions, you have the right to fight back. Two laws protect your rights to attend to your medical needs (the Americans with Disabilities Act and the Family and Medical Leave Act).
Therefore, you have a right to file a written complaint with your employer regarding the two federal laws (and any state laws) that protect your rights to sick leave. You can file your complaint with your employer, HR department, Union rep, or supervisor. Give your employer time to investigate your claim. However, if they ignore your claim or dismiss your concerns, the laws say you can take legal action.
An experienced employment lawyer can help you file your claim regarding violations of the FMLA and ADA.
How Can an Employment Discrimination Lawyer Help You Fight for Your Rights to Medical Leave?
Your employment discrimination lawyer can be your advocate throughout the legal process. They will advise you when preparing your complaint regarding violations of disability laws and family leave laws. Your lawyer can help you battle any objections your employer may have, including an objection due to undue hardship.
Your employment lawyer can help you negotiate with your employer to reach a fair settlement. However, make sure you work with an employer who refuses to back down from the argument. Make sure your attorney is not afraid to go to court and fight for your rights.
Take Advantage of Your Employee Rights!
You have a right to take care of your health without the fear of losing your job. Disability and family laws can help you fight for justice when your employer tramples on that right. Call the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation. Reach out to us at 800.807.2209 with your questions.
