Federal Laws That Protect People With UC in the Workplace
The starting point for requesting accommodations is to know your rights, says Haeggquist. This takes the form of two key pieces of federal legislation that apply to people with disabilities, including chronic conditions like UC.
The Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination and ensures equal opportunity for people in the United States with disabilities and chronic conditions, which includes UC. Under the ADA, employers with more than 15 employees must provide reasonable accommodations — adjustments that allow you to perform the essential functions of your job, such as making policy changes or providing access to facilities or equipment — if UC is affecting your ability to work.
In addition to the ADA, many states and local (city or county) governments have their own employment discrimination laws that cover disability.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks annually of unpaid, job-protected leave per year for serious health conditions, which includes UC. You can use this leave for severe flares that cause you to stay home, or for treatments like infusions or surgeries that require taking time off from work.
It’s helpful to know that you can take intermittent FMLA leave, says Haeggquist. That means you can break up the equivalent of 12 weeks into smaller pieces. For example, you can take off two days per month if you’ve run out of sick days and need the time for infusions; those days will count toward your 12-week total. Or you may ask to work part-time until you’re well enough to return to your job full-time.
To qualify for FMLA, an employee must have worked for at least 12 months (and at least 1,250 hours) for an employer, and that employer must have at least 50 employees within a 75-mile radius. Also, your employer may require that you use all your paid leave to cover some or all of your FMLA period. And if you don’t qualify for FMLA or have employer-sponsored programs like adequate sick time or short-term disability insurance, you can ask for leave as a reasonable accommodation under the ADA for the same reasons as FMLA leave, even if your role involves duties that require you to be there in person.
As with the ADA, a number of states have enacted their own mandated paid and unpaid leave laws, some of which are more expansive than the FMLA, so check to see what your state offers before submitting a formal request for medical leave.
Read the full article here
