Both the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) have provisions for when employees can take leave from work and still have job protection. If you have short term disability insurance, you may even have payment protection if you have to take leave. However, there are only certain times when it’s okay to take the leave. While your company probably has vacation days and sick days built in, those don’t really fall under the ADA or FMLA. Since it’s important to know your rights if an unforeseeable illness or injury happens, you should also know when it’s time to consider taking FMLA or disability leave.
- To Care for the Employee’s New Child
Whether you’re a mother or a father, the FMLA guarantees that employees that meet the eligibility requirements have up to 12 weeks of unpaid leave to take after the birth of a child or the placement of an adopted or foster child with the employee. Some company’s may offer paid maternity or paternity leave, but at the very least, if you are eligible to take the leave under the federal guidelines, you are guaranteed to keep your job upon return from leave and you are guaranteed to have any continued benefits that you had before the leave.
- To Care for a Spouse, Child, or Parent With a Serious Health Condition or Injury
FMLA also allows you take care of a spouse, parent or child that may have a serious health condition or injury. Your employer may require you to provide medical records to prove that there is a serious health condition or injury. If your family member is on military active duty, you may be entitled to up to 26 weeks of leave to take care of the an injury or illness that results from a family member’s active duty status.
Currently, “spouse” under the FMLA is determined by legal marriage, which means that same-sex partners in states where gay marriage is not yet legal do not fall under this category. This means that employees with same sex partners are not federally guaranteed to be able to take leave to take care of same-sex partners.
- If You Have a Disability, Illness, or Injury That Prevents You from Completing the Essential Functions of the Job
The Americans with Disabilities act prohibits employers from discriminating against an employee with disabilities. Additionally, it mandates that eligible employers provide reasonable accommodations to eligible individuals with disabilities. The FMLA, similar to family leave, allows for 12 weeks of unpaid leave with job and benefit security.
- If You’ve Been Injured on the Job
The ADA also mandates that if workers are injured while on the job, they must be covered on workers compensation insurance. The amount of paid leave and coverage varies depending on state laws and the nature of your injury.
