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Disability Leave under Federal Laws

Mesriani_Law_Group | Aug 4, 2010 |

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Disability or injury impairs the ability of an employee to complete his task. Fortunately, when the injury or disability was sustained on the job, they are entitled to a medical or disability leave. Disability leave is supported by two federal laws: the Americans with Disabilities Act and the Family and Medical Leave Act. The Rehabilitation Act and other state-mandated laws also give employees rights to take a disability leave.

Americans with Disabilities Act of 1990

Title I of the ADA, which prohibits discrimination against people with disabilities, applies to state or local governments, employers with 15 or more employees, and employment agencies, labor organizations and joint labor-management committees with any number of employees.
Employees who are qualified for the job is covered by ADA. This means that the person has the skills to perform essential functions of the job with or without accommodation.
Disability under ADA is "a physical or mental impairment that substantially limits one or more major life activities." The employee should "have a record of the impairment or is regarded as having such."
The law doesn't require employers to give disability-related leave. However, if it's necessary for them to do their job, employers should make reasonable accommodations for them (e.g. adjustment of work schedule, leave) that wouldn't result to "undue hardship" to the employer.

Family and Medical Leave Act of 1993

The FMLA gives employees the right to take leave on ground of a serious medical condition, or to care for a newborn/ newly adopted child or a seriously ill child, parent or spouse.
· Private employers with 50 or more employees who are working within 75 miles of employee's workplace are covered by the law. Those who have fewer than 50 can also provide benefits similar to FMLA. It also applies to public agencies, and private and public schools.
Employees covered by FMLA are those who have been working for the employer for 12 months already or for at least 1,250 hours prior to the leave.
Twelve weeks of unpaid leave is given to eligible employees. However, employers may require them to take all the unused paid leave before using FMLA leave.
Employees should be given the same job, or a different position of the same level in terms of benefits, pay or other conditions, upon returning to work. The health insurance should be maintained by the employer during the leave.