Employees with disabilities are allowed certain legally protected rights in the workplace. It is against federal law for an employer to discriminate against an employee because of a disability, whether perceived or real. Some workers may require extended absences due to their disability for their mental and physical health and well-being. In general, employees cannot be fired while out on disability leave. Read on for more information and contact an Atlanta disability discrimination attorney with any questions or concerns regarding your employment rights.
What Federal Laws Protect Disability Leave?
Multiple federal laws protect employees who need to take short or long-term disability leave. The FMLA and ADA are two of the most notable acts that offer federal protection.
The FMLA (Family and Medical Leave Act) is a federal law that is designed to allow workers to take time off to care for themselves or a family member. The FMLA offers employees up to 12 weeks of unpaid leave per calendar year. It can apply to new parents, caretakers for sick relatives, or employees with serious health conditions.
The ADA (Americans with Disabilities Act) is a civil rights law that prohibits discrimination against people with disabilities. Under this act, employees with a disability have the right to take a leave of absence or request a reasonable accommodation when required.
Can My Employer Fire Me While I’m On Disability?
No, your employer cannot terminate your employment while you are out on federally protected disability leave. Most workers in the United States have at-will employment. This means that an employer can terminate a worker’s employment at any time and for nearly any reason. At the same time, an employee can quit their job at any time and for any reason.
Despite the rules of at-will employment, the ADA and FMLA make it illegal for an employer to fire an employee due to their disability. The ADA allows employees to request reasonable accommodations, such as making a bathroom handicap accessible, adding a ramp entrance, or installing ASL software on company devices. Additional unpaid leave can fall under the category of reasonable accommodations depending on the circumstances. If you are granted additional time off for a disability as a reasonable accommodation, your employment cannot be terminated during that time.
Additionally, the FMLA offers employees 12 weeks of unpaid leave per year. If you choose to use your FMLA federal leave in relation to your disability, you cannot be fired as long as you do not exceed 12 weeks of leave. The law also ensures that your employer must reinstate you to your former position or a similar role upon your return to work.
If your employment rights are violated and you are wrongfully terminated due to disability leave, you may be able to pursue legal action against your former employer. Reach out to an experienced employment law attorney for more information and to begin discussing the details of your case.
