Can the FMLA Protect Me From Being Fired for Missing Work Due to a Disability?
- The Family and Medical Leave Act (FMLA) gives eligible covered employees unpaid, job-protected leave with continuation of group health insurance coverage for family and medical reasons. For employees whose leave is taken in conjunction with a serious medical condition, FMLA guarantees 12 weeks of leave annually, which can be taken at once or intermittently, such as for treatments or recurrences of serious medical conditions.
- All covered employers -- state, local and federal employers (including schools) and private employers who employ 50 or more employees -- are required to provide leave under FMLA for eligible employees. Eligible employees are those who have worked for the employer at least 1,250 hours over the previous 12 months and work in the United States or in a territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
- Employees who wish to take leave under FMLA must meet the leave request criteria stated in the act to assure the leave is job protected. Employees who wish to use FMLA leave are required by the act to provide notice 30 days in advance of need to take leave, whenever possible. When the leave cannot be foreseen 30 days in advance, the employee must provide notice as soon as possible. Furthermore, employees should provide notice in compliance with the employer's policies for requesting leave. If an employee misses work without indicating that the leave being taken is FMLA leave, the leave would not be covered.
- Employees who suffer from disabilities may also have job protection under the Americans With Disabilities Act (ADA). The ADA covers people with disabilities that affect major life activities from discriminatory employment practices. However, a covered disability must substantially impair activities, including seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself and working. As such, employees with serious medical conditions may be covered, but those suffering from acute conditions or conditions of a short duration may not be protected.
