Disability Leave

What is disability leave?

Disability leave, a critical element of an employee's rights, refers to a legally-protected period of absence from work for an individual to recuperate from an illness or injury that leaves them substantially limited or unable to fulfill their job responsibilities. It can be long-term or short-term and is distinct from paid family leave or sick leave. The length and nature of the disability leave depend on the severity of the health condition.

What are the different types of disability leave?

There are two primary types of disability leave: short-term and long-term.

Short-term disability leave is generally utilized when an employee encounters a temporary yet severe health issue that inhibits them from working for a short time. This might include recovery from surgery or a severe illness. Sick leave often covers this kind of absence for a shorter duration.

Long-term disability leave is relevant when the employee's health condition is severe enough to prevent them from working for an extended period, typically more than a few months. This could be due to chronic illnesses, severe injuries, or significant medical procedures.

Who is eligible for disability leave and what conditions qualify?

Eligibility for disability leave typically hinges on factors like an individual's work history, their employer's specific policies, state laws, and the nature of their health condition. Some companies often provide disability leave benefits regardless of an employee's tenure, while others might require a specific length of service.

Under provisions such as the Family and Medical Leave Act (FMLA), workers can claim up to 12 weeks of unpaid leave of absence annually, assuming they've been with their employer for a minimum of 12 months, logged at least 1,250 hours over the preceding 12 months, and if the company employs a minimum of 50 people within a 75-mile radius. Such leave can also be used to care for a family member with a qualifying health condition.

To qualify for disability leave, a health condition must be a physical or mental impairment that substantially impedes one or more "major life activities". The 2008 ADA Amendments Act (ADAAA) added "major bodily functions" to this list to protect individuals with severe medical conditions that might not manifest as noticeable daily activity impairment.

Such bodily functions include the immune system, digestive system, normal cell growth, neurological functions, circulatory and endocrine systems, and reproductive functions. Chronic diseases like Crohn's disease or cancer could also qualify for disability, even when they're not currently active.

"Major life activities", as defined by the ADA, refer to fundamental activities that an average person can undertake with minimal or no difficulty. These activities include:

• Walking
• Seeing
• Sitting
• Hearing
• Speaking
• Breathing
• Learning
• Lifting
• Performing manual tasks
• And self-care.

How do I apply for disability leave?

The process of applying for disability leave usually involves submitting a written request to your employer. This request often includes documentation from a healthcare provider that describes your medical condition and the expected duration of your absence. Procedures can vary widely among employers, so it's essential to check with your HR department for specific guidelines.

Does disability leave pay full salary?

Disability leave compensation depends on the employer's policies and state laws. Some employers provide short-term disability insurance, which generally pays a proportion of the employee's regular income. Similarly, long-term disability insurance may provide a percentage of income over an extended period. In some cases, employees might be eligible for workers' compensation or social security benefits, depending on the nature and cause of the disability.

Can I be fired while on disability leave?

Under laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), employees generally cannot be fired for taking disability leave. However, these protections are subject to certain conditions and limitations.

For instance, if an employee is unable to perform the essential functions of their job even with reasonable accommodation, or if their absence causes undue hardship for the employer, it may be lawful to terminate their employment.

How does disability leave interact with FMLA (Family and Medical Leave Act)?

The FMLA mandates eligible employers to offer up to 12 weeks of unpaid, job-protected leave per year for qualifying medical reasons. These reasons can include a severe health condition that prevents the employee from working. Disability leave, whether short-term or long-term, can run concurrently with FMLA leave.

What is the process for returning to work after disability leave?

The process of returning to work after disability leave usually involves presenting medical documentation that declares you fit to return to work and can perform your job duties safely. Depending on your health condition, your employer might need to provide reasonable accommodations to facilitate your return.

Are there specific state laws concerning disability leave?

State laws regarding disability leave can vary widely. Some states offer more comprehensive protections and benefits than the federal FMLA, including longer leave durations and expanded eligibility criteria. Many states also provide disability insurance programs, which offer partial wage replacement for eligible workers temporarily unable to work due to a non-work-related illness or injury.

What are the rights of employees and responsibilities of employers under disability leave?

Employees on disability leave have the right to job protection and non-discrimination, while employers generally have the duty to provide reasonable accommodations for the employee to return to work, unless doing so would impose undue hardship. The FMLA and ADA primarily regulate these rights and responsibilities.

How does disability leave work with health insurance and other benefits?

While on disability leave, employees typically still have access to the same health insurance benefits as if they were still working. The employer must continue to contribute their portion of the employee's health insurance premiums, and the employee is responsible for their share. Other benefits, like retirement plan contributions, might be affected depending on the leave's duration and the employer's policies.

Can you take disability leave for mental health issues?

Yes, mental health conditions that interfere with an employee's ability to work may qualify for disability leave, similar to physical health conditions. This includes conditions such as severe depression, anxiety disorders, bipolar disorder, and post-traumatic stress disorder (PTSD).

How does one transition from short-term to long-term disability leave?

The transition from short-term to long-term disability leave usually happens when an employee exhausts their short-term disability benefits but is still unable to return to work. At this point, if the employee has long-term disability insurance, they can apply for these benefits. The precise process depends on the employer's policies and the insurance plan's terms.

Related: Medical Leave of Absence, Sick Leave Pay, Leave of Absence, Bereavement Leave