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Asserting FMLA and Workers Compensation Disability Leave Rights

By Edited Feb 10, 2014 0 0

The U.S. Equal Employment Opportunity Commission (EEOC) implements disability and medical leave laws.

Some of these laws are Family and Medical Leave Act (FMLA) and Workers' Compensation laws. Each state has Workers' Compensation laws that provide paid or unpaid leave benefits for qualified disabled employees.

These laws provides financial assistance and weeks of time off from work when an employee is pregnant, needs medical treatment for injuries, or has to care for a sick family member.

The Family and Medical Leave Act (FMLA) mandates employers to provide 12 unpaid leave to qualified employees needing medical treatment or time off from work to care for a sick family member. It includes pregnancy, birth, treatment for acute illness, and adoption.

FMLA stipulates some specific rules:

1. Pregnancy leave- A pregnant employee can file a leave if complication arises from her pregnancy. She will need to present a certification from her doctor indicating the time needed for medical treatment or rest.

2. Parental leave- An employee can file a leave to care for a newborn or adopted child. The leave may be filed within the first year. Employees may also request adjustment in work shift in accommodation for child birth or surgery. The employer may grant a flexible leave depending on the demands and nature of job requirements.

Employers may also combine the parental leave of parents who are working under the same company. The 12 weeks may be consumed to care for the newborn baby or accommodation for the birth or surgery.

If the qualified pregnant employee has serious complications in pregnancy or delivery, the employer may provide more than 12 weeks of unpaid leave. The employer may also choose to combine accrued sick and vacation paid leave with the unpaid maternity disability leave.

Workers' Compensation Disability Leave

Workers' Compensation- It is a type of insurance benefit that provides medical coverage and leave for employees who have a disability or medical condition. It functions within the state level. Workers' Compensation law covers almost all employees. Employers are mandated to provide this kind of benefit.

The length of leave and amount of financial assistance vary depending on the employees' employment status and quality of service. Factors such as type of injury and medical condition are considered.

The U.S. Equal Employment Opportunity Commission (EEOC) accepts discrimination complaints from employees.

If your employer refuses to grant you medical or disability leave, you may file a complaint. Consult with an Employment Disability lawyer in Los Angeles to help you assert your rights.



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