Family and Medical Leave Act
There are two laws that affect your rights as an employee, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
As we explained on our ADA page, you may not be able to claim discrimination if you are fired due to absenteeism if your presence in the workplace is an "essential function" of your job. The big exception is the FMLA. Under the FMLA, if your employer has 50 or more employees within a 75 mile radius, and if you have worked for your current employer for at least 1250 hours in the previous 12 months, then you are entitled to up to 12 weeks of unpaid leave in any 12 month period. The 12 month period may be calculated based on a calendar year, a fiscal year, or on a rolling 12 month basis - that's up to your employer.
You can take FMLA leave for any of the following reasons:
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the birth and care of the employee's newborn child; |
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placement with the employee of a child for adoption or foster care; |
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to care for an immediate family member (spouse, child, or parent) with a serious health condition; or |
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to take medical leave when the employee is unable to work because of a serious health condition |
Your employer can make you use up any paid leave (sick time, vacation time, etc.) during your FMLA leave. FMLA leave can be taken intermittently - a couple of days here, a few days there; you do not have to take the 12 weeks all at once.
A "serious health condition" is easier to prove than "disability" under the ADA. Essentially, if you have a health condition that requires continuing treatment over a period of time - in other words, if you have a chronic illness - you have a serious health condition under the FMLA. You do not have to produce medical records to prove that you have a serious health condition; all you need is a medical certification, which is a doctor's note indicating that you have a condition that requires ongoing treatment over a significant period of time that is likely to involve periods in which you will miss work.
For more information, consider purchasing our Know Your Rights handbook. Of course, you are always welcome to email or call us, as well.
Additional Information:
• Jennifer Jaff, Know Your Rights: Inflammatory Bowel Disease and Employment.
• Can My Boss Do That: Excellent info about your protections as an employee.
• Department of Justice website on the Americans with Disabilities Act.
Advocacy for Patients has not had direct experience with all of these, but we urge you to explore them -- and please share your feedback so we can evaluate the various organizations.
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