The FMLA provides that large companies must allow their employees up to 12 weeks of unpaid leave if they are seriously ill, are dealing with complications from a pregnancy, are new parents or are caring for a family member with a serious health problem. However, not all workers are entitled to this leave.
Some highlights concerning who is covered under the FMLA include:
- The FMLA is aimed at businesses with 50 or more workers. Companies with over 15 employees must allow pregnancy disability leave.
- You have to have been working for at least one year before the FLA applies to you.
- A worker is eligible if he or she suffers from a serious health condition that means they can’t work; needs to care for a child, parent or spouse who is ill; is caring for a newborn or newly adopted child or new foster child; for prenatal care and pregnancy related illnesses or giving birth.
Learn more about who is covered under the FMLA here.
The Americans with Disabilities Act (ADA) offers protection to individual with disabilities in several ways. Disability discrimination may occur because of a current disability, and it also may occur when a covered employer treats an applicant or employee less favorably because he or she has a history of a disability. And example of this would be cancer that is controlled or in remission. Discrimination may also occur if an indicidual is believed to have a physical or mental impairment that is not transitory and minor – even if he or she does not have such an impairment.
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
Note that not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.
Learn more about the ADA and protect conditions here.
