At times, life does not go exactly the way you plan. Your ability to work can easily be interfered with by illness, injury, or other health problems, and most of the time, it all occurs unexpectedly. This is where legal protection, such as that provided by the Family and Medical Leave Act (FMLA), comes into play. It provides some basic job security that enables qualified employees to take job leave, often for medical or family reasons. However, it is only part of the equation.
The Americans with Disabilities Act (ADA) is an elaborate law that not only protects employees but also provides other legal protection for workers living with any form of disability. So, why should you know these laws? Understanding these laws secures your job and enables you to work efficiently and also protects you from all forms of social discrimination.
This guide will cover all you need to know on disability rights, including:
- Why FMLA is not enough
- Understanding what ADA means
- Reasonable accommodations in a nutshell
- Returning to work after medical leave
WHY FMLA IS NOT ENOUGH
The Family and Medical Leave Act (FMLA) was created to make it easier for workers to balance their jobs with their family lives. This is how it works: Eligible employees have the right to take an unpaid, job-protected leave of 12 weeks in a year, largely because of family or medical emergencies.
These scenarios could include long-term illnesses, looking after a sick loved one, or taking out time to focus on life happenings like pregnancy, child delivery, or adoption. What’s even better? The employee’s return after work leave comes with no threat to their job position.
However, this federal statute has its restrictions. Only employers with at least fifty employees within a 75-mile radius are subject to the provisions of FMLA. You may not be protected by any of these provisions if you work for a small organization.
Another limitation involves the financial burden it creates. The FMLA does not offer any form of financial aid during the leave, and because of that, many people cannot fulfill the whole 12 weeks due to piled-up bills.
UNDERSTANDING WHAT ADA MEANS
The Americans with Disabilities Act is one of the country’s most respected civil rights laws, passed in 1990. The goal of the law is to protect disabled workers against all forms of discrimination in settings such as school, transportation, jobs, and access to other public or private services.
That’s not all. The ADA adds more elaborate protections, thereby filling in the gaps left by the FMLA. Now, here’s the difference: the FMLA is more driven to offer job-protected leaves so as to facilitate work-life balance, while the ADA is more about legal human rights. It ensures people with non-apparent disabilities like autoimmune disorders, anxiety, PTSD, dementia, chronic pain, or fatigue are also very well protected.
This means that, as an employee, your employer has no right to deny you a job offer or promotion, fire you from work, or treat you differently just because your health condition is not immediately visible. The ADA thus offers more long-term job stability and sustainability than the FMLA.
REASONABLE ACCOMMODATIONS IN A NUTSHELL
A reasonable accommodation can simply be termed as any form of modification that is done either in the process of hiring or while on the job. This accommodation is specifically for persons with disabilities to enhance access and enable them to exercise their job duties easily and without restriction.
Some of these include:
- Offering work-from-home options
- Providing certain services to support access
- Providing adapted or specialized equipment
- Flexible schedules and work hours, etc.
Also, under the Americans with Disabilities Act, an employer of labor with a workforce of 15 or more is expected to make provisions for all reasonable accommodations to disabled persons in their organization.
RETURNING TO WORK AFTER MEDICAL ABSENCE
Resuming work after a long stretch of time may be very overwhelming. You start to stress and even overanalyze about meeting requirements and doing your job well. But through clear communication and planning, this is made easy.
Here are some tips: The following will help you navigate this period:
- Understand your job descriptions and note what duties you can easily deliver on without straining your health.
- Communication is key. Make sure you communicate with the managerial officers or HR about any modifications you may need or any limitations you experience.
- Keep up with all of your medical reports and follow the doctor’s restrictions to the letter.
- Some employers offer phased returns. This can help you gradually get back to work, steadily taking up all your responsibilities once again.
CONCLUSION
You shouldn’t fear losing your job for working through a disability or with a health concern. Under federal and state civil rights laws, including the FMLA and the ADA, employees with disabilities may be entitled to take time off due to a family or medical emergency, and reasonable accommodations can be requested without facing termination.
This is also made easy with the help of DisabilityDocOnline.com, as we look to take the burden off your shoulders. We handle any and all paperwork and documents through our team of board-certified physicians, including all required medical examinations for your employer. Book an appointment now and let our team help you on your way to being the healthiest you.
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