Employee’s Right to Leave and Accommodations

Being the most important part of the workforce, employers must give their employees the time off in case of disability. They must also provide necessary accommodations for them. Specifically, disability leave benefits and accommodations must be provided. Federal and state laws give disabled employees the right to medical leave and reasonable accommodations in case of injury at their work premises.

Benefits and Accommodations

Once an employee becomes disabled, injured or becomes ill, he may be entitled to medical or disability-related leave under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Moreover, provisions of the state Workers' Compensation laws may also be applicable. Depending on the circumstances, any or all of these laws can apply to the same employee at once.

Workers’ Compensation

Laws on Workers’ Compensation apply to all employees. These laws are a form of insurance that gives injured or disabled employees financial assistance, medical care and other benefits. Workmen’s compensation laws are generally administered at the state level except for federal level employees and certain groups of employees. As each state has its own system, the coverage differs. In most cases, these laws apply to employers with more than one or more employees. A work related injury triggers coverage. Regarding amounts of paid benefits, the amount depends on the state and the nature of injury.

Americans with Disabilities Act

Americans with Disabilities Act (ADA) is a federal law which protects the rights of the disabled. Title I of the ADA specifically prohibits covered employees from discriminating against disabled individuals regarding employment.Employers with 15 or more employees must observe the provisions of ADA. The ADA specifically gives protection to qualified injured individuals who are capable of carrying out the job, with or without accommodations. The ADA, however, does not require employers to provide medical or disability related leave. What it requires is for employers to make reasonable accommodations to qualified disabled employees if necessary to perform their jobs. Accommodations include work schedule modifications such as leave. The law does not provide for days of leave. The leave period depends on the individual’s situation. Generally, leave is granted except when it will result to “undue hardship” to the employer.

Family and Medical Leave Act (FMLA)

Family and Medical Leave Act is a federal law that provides 12 weeks of unpaid leave per year to help workers balance their responsibilities at home and on their job. It applies to private employers with 50 or more employees who work within 75 miles of the employee’s worksite.Employees must have been employed for at least 1,250 over the 12 months immediately prior to the leave. An employee may benefit from provisions of the ADA, the FMLA and Workers' Compensation laws simultaneously. Moreover, some states provide higher amounts of leave and benefits than those provided by FMLA.These laws may be overwhelming for ordinary workers to understand. It can be better understood through the help of employment lawyers who are knowledgeable with labor laws.