Family & Medical Leave (FMLA)

The FMLA provides for up to 12 weeks off work per year to care for yourself, or for a parent, spouse, or child, who is suffering from a serious health condition. The law only applies to people who have worked at least 1250 hours during the 12 months preceding the leave, so it does not apply to people who work a half time schedule or less. FMLA requires the employer to maintain your health coverage on the same basis that you had before you went on leave. If you did not have coverage before you went on leave, you still won't, but if you had it, the Employer continues it on the same basis as if you were still working. Time off due to Family & Medical Leave under FMLA should not be counted as an absence under an Employer's absenteeism policy. Therefore you may not be disciplined for absences that occur under FMLA.You have the responsibility to notify the Employer 30 days in advance that you need to take a Family or Medical Leave and to fill out the paperwork. In the case of an emergency, provide notice as soon as you can.

FMLA info from DOL

Americans With Disabilities Act (ADA)

A person with a physical, or mental impairment that substantially limits a major life activity is "disabled" under ADA. A few examples of conditions that are covered include: HIV infection, alcoholism, cancer, diabetes, migraines, asthma, learning disabilities, speech disorders, hearing and visual impairments, etc. If you qualify under ADA, you are entitled to "Reasonable Accommodations" to do your job. One accommodation is leniency with respect to absenteeism policies. In order to assure accommodation, the employee should explicitly disclose their disability.

Any medical information you provide to your employer must be kept confidential except to the extent it is necessary to accomplish an accommodation.

Disability info from DOL

Worker's Compensation

There are 3 types of work-related injuries:

1) Specific: occurring from one accident.
2) Cumulative: caused by repetitive activities over time.
3) Occupational Disease: due to exposure to hazardous substances or conditions on the job.

Sometimes there is no dispute as to whether an injury is job related. If there is a dispute, you should consult with a Worker's Compensation attorney. This is a very specialized area of the law. Workers Comp lawyers always work on a contingency basis so there are no up-front costs.Unless you are permanently disabled from your job, as an injured worker, you receive some special protections. You cannot be disciplined for your injury or for injury-related absences.

Workers compensation from the DOL