As you prepare for a career and decide on your employment journey, you may need to ask for or explore specific workplace accommodations to protect you or your loved one’s health. Below are resources to consider and information about current employment laws that protect working Americans.
Employer Benefits and Offerings
The availability and coverage of these benefits will vary based on employer. Be sure to review your employer's benefits guide and/or employee handbook, which should aid in understanding benefits to which you may be entitled. In addition, it may be helpful to schedule time with your human resources representative to discuss your benefits and specific situation. Some benefits your employer may offer include:
- Paid leave, which can include sick leave and vacation time
- Leave through the Family and Medical Leave Act (FMLA)
- Short-term disability, which replaces a portion of your income when you are unable to work due to a short-term illness or injury
- Long-term disability, which replaces a portion of your income when you are unable to work due to a long-term illness or injury
- Employee Assistance Program (EAP), which provides telephonic and/or in-person counseling and referral services
Federal and State Laws
Family Medical Leave Act (FMLA)
FMLA is a federal law that requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for specified family and medical reasons, which may be increased to up to 26 weeks for situations involving people with military service. These reasons include, but are not limited to:
- A serious health condition that makes the employee unable to perform the essential functions of his or her job
- The need to care for the employee's spouse, child, or parent who has a serious health condition
The employer is not required to pay the employee, but eligible employees are entitled to continue the group health insurance coverage under the same terms and conditions as if the employee had not taken FMLA leave. To date, 13 states and the District of Columbia have passed paid FMLA. However, program administration can vary from state to state and employer to employer.
Approval for FMLA is not automatic and an employer may deny FMLA after reviewing an individual's circumstances. For more information on your rights under FMLA, see the Department of Labor's Employee Protections Under FMLA Factsheet or the Equal Employment Opportunity Commission.
Americans with Disabilities Act (ADA)
The ADA is a federal law that requires covered employers to make a reasonable accommodation for an employee with a disability that substantially limits a major life activity, including, but not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
When requesting a reasonable job accommodation, follow your employer's policy for making a request. For assistance in requesting a reasonable job accommodation with your employer, speak to an expert at the Job Accommodations Network (JAN), which provides free consulting services for all employees, regardless of their health status. Services include one-on-one consultation about all aspects of job accommodations, including the accommodation process, accommodation ideas, product vendors, referral to other resources, and ADA compliance assistance. The CF Foundation takes no position regarding the availability of a reasonable accommodation in your specific workplace or JAN's ability to help in any specific case.
Short-Term Disability
Short-term disability is a type of insurance that provides some income for an employee who must leave work due to a temporary disability. Short-term disability can be offered as a benefit by your employer or you can purchase this insurance on the market. Benefits vary widely among employers. If you have questions about short-term disability offered by your employer, review your employer's benefits guide and/or employee handbook, which should aid in understanding benefits to which you may be entitled. In addition, it may be helpful to schedule time with your human resources representative to discuss your benefits and specific situation.
Get Help
Contact CF Foundation Compass at 844-COMPASS (844-266-7277) for help connecting with resources related to workplace accommodations.
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