When a worker is recovering from a serious illness or injury, you may need time off from work to rest and heal or temporary job changes to continue working. Federal and state laws may give you time off when you need it and protect you from employment discrimination. Below is an overview of these laws and how you may use them to stay protected.
The Family and Medical Leave Act (FMLA)
The FMLA allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
- To be eligible, a worker must:
- 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and
- 2) have worked with your employer for at least 1 year; and
- 3) have worked at least 1,250 hours in the year before taking leave.
- If a worker is covered, they can use up to 12 weeks either all at once, on a reduced schedule, or in small increments (intermittent basis) when medically necessary. However, you should make a reasonable effort to schedule treatment, so it does not unduly disrupt your employer’s operation.
- Even if you are not eligible for FMLA, you may be able to take a leave of absence or medical leave under your employer’s own policies or through the Americans with Disabilities Act (ADA).
- If a worker has accrued paid leave from their employer, they may choose to use that paid time off concurrently with FMLA time. An employer can also require an employee to use their paid leave—including paid vacation, personal, or sick days—while taking FMLA leave.
The Americans With Disabilities Act (ADA)
- The ADA requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities.
- Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
- An employer cannot fire an employee, refuse to give them a promotion, or harass them because they have a disability.
- If a worker has a disability and needs a reasonable accommodation to continue performing the basic duties of their job and stay healthy, like breaks to take medication, temporary relief from heavy lifting, unpaid leave, or a stool to sit on during your shift, you can request an accommodation and your boss cannot refuse to give you these changes at work without going through the interactive process. An employer does not have to give a worker an accommodation that would be very difficult or expensive, like building a whole new office.
The Louisiana Employment Discrimination Law
- The Louisiana Employment Discrimination Law prohibits employers with 20 or more employees from discriminating against employees with disabilities.
- The law also provides reasonable accommodations for applicants and employees with covered limitations, unless the employer can show that the accommodation would place an undue hardship on the business’s operations. Your employer can’t fire or deny employment opportunities to an applicant or existing employee because they need or requested an accommodation.
Other Laws That May Offer Protection
- If an employee was hurt while working or became sick as a result of their job, they may also be entitled to paid benefits and other protections through Workers’ Compensation.
- If a worker loses their job due to their own medical needs, and are able to continue working, they may still be able to get Unemployment Insurance. For more information about how to apply, consult Louisiana’s Workforce Commission website.
For more information, contact A Better Balance’s free legal helpline at 1-833-NEED-ABB or visit us online at https://www.abetterbalance.org/get-help/.
