HOW TO QUALIFY FOR FMLA WITH A DISABILITY

The Family and Medical Leave Act (FMLA) can help you if you need time off work for disability or caregiving reasons. The point of FMLA is to provide unpaid leave for workers facing medical conditions. It also helps you care for a family member with a serious medical condition and deal with matters like the birth or adoption of a child.

As of the most recent data, about 15 million workers in the United States use FMLA annually. This number reflects the workers who take advantage of protected leave for various reasons, including personal illness or the birth of a child. The U.S. Department of Labor reports that about half of workers are aware of their right to take FMLA leave. However, many don’t use it. Usually they don’t use it due to lack of knowledge about the leave process or concerns about job security.

If you are eligible, FMLA provides up to 12 weeks of unpaid leave in a year long period. When you return to work, the law also requires your employer to give you your job back. Or give you a job that is equivalent to your old job.

If you have a disability, then can you qualify for FMLA? The answer is yes. However, there are specific criteria you must meet. This post will walk you through how to qualify for FMLA when you have a disability.  Additionally, it will explain the benefits of FMLA and teach you how to ensure you are protected.

QUALIFYING FOR FMLA WITH A DISABILITY

To qualify for FMLA, whether or not you have a disability, you must meet three basic requirements:

• WORK FOR A COVERED EMPLOYER – 

  FMLA applies to employers with 50 or more employees within a 75 mile radius. Most private employers, government agencies, and public schools meet this requirement. However, if you work for a smaller employer, then you may not be covered by FMLA. However, you may still have rights under other state or federal laws.

• MEET THE EMPLOYMENT DURATION REQUIREMENT – 

  You must work for your employer for at least 12 months, though this doesn’t have to be consecutive. For example, if you took time off for maternity leave, then the clock would stop during your leave and pick back up when you return to work.

• WORK A MINIMUM NUMBER OF HOURS PRIOR TO YOUR LEAVE  – 

  You must work at least 1,250 hours in the 12 months prior to taking leave under FLMA. That amounts to about 24 hours per week. If you work part time or irregular hours, then pay careful attention to your work schedule to make sure you have enough hours to be eligible for FMLA.

You qualify for FMLA leave if you work for an employer who is subject to FMLA and you meet the above requirements under the law.

HOW DOES DISABILITY AFFECT YOUR ELIGIBILITY FOR FMLA?

If you have a disability, then you may be eligible for FMLA leave if your condition qualifies as a “serious health condition.” The FMLA defines a “serious health condition” as an illness, injury, or physical or mental condition that involves either inpatient care or continuing treatment by a medical provider.

A disability does not automatically disqualify you from taking FMLA leave. However, how your disability impacts your ability to work may play a role in whether your leave is approved under FMLA. Below you will find examples of scenarios where employees with disabilities may qualify for FMLA leave:

1. YOUR DISABILITY REQUIRES LONG TERM TREATMENT  

If your disability is chronic, such as a mental health condition, musculoskeletal disorder, or a neurological issue, then you might require ongoing treatment or many visits to the doctor. Therefore, you can qualify for FMLA leave. For example, if you have Multiple Sclerosis and must leave work for infusions, then FMLA can protect your job when you leave work. Likewise, if you have Breast Cancer, then you might need medical treatments like chemotherapy. Or, if you have anxiety, then you might need weekly therapy. FMLA leave can protect your job while you attend these appointments.

2. YOUR DISABILITY PREVENTS YOU FROM PERFORMING THE MAJOR FUNCTIONS OF YOUR JOB

If your disability prevents you from performing essential job functions, then you may qualify for FMLA leave. This is often the case for people with physical medical conditions that interfere with daily tasks. Similarly, your physical condition may require accommodations for surgery or extended rest. For instance, if you have severe spinal degenerative disc disease, then you might need time off work for surgery. FMLA allows time off work for medical procedures and recovery from surgery. After you recover, FMLA allows to resume working at your job.

3. YOUR DISABILITY LEADS TO ABSENCES FROM WORK BECAUSE OF YOUR SYMPTOMS 

Some disabilities, like autoimmune conditions, diabetes type II, or epilepsy, can flare up unexpectedly. These flares can cause you to need time off work for medical reasons. If these medical events require you to take time off work for treatment, recovery, or management, then the FMLA may cover these periods of leave.

4. FMLA FOR CAREGIVERS

If you are a caregiver for a family member with a disability and need to take time off work to care for them, then this leave can also fall under FMLA. For instance, if your spouse or child has a disability and you need to take time off to assist with medical appointments or provide other care, then you may be eligible for FMLA leave. You may take FMLA leave to care for your spouse (this includes same-sex spouses), parent, or child. But FMLA does not cover taking care of a grandparent, aunt, uncle, in-law, or other relative.

STEPS TO TAKE WHEN YOU ARE APPLYING FOR FMLA LEAVE

If you have a disability and need to take FMLA leave, then below you will find the steps you should follow:

1. NOTIFY YOUR EMPLOYER – It is important to give your employer adequate notice of FMLA leave. You should inform your employer 30 days in advance if your need for leave is foreseeable. For example, if you need surgery, then you can usually plan in advance for time off. If your leave is not foreseeable, then notify your employer as soon as possible.
2. PROVIDE MEDICAL CERTIFICATION TO YOUR EMPLOYER – To qualify for FMLA leave, you may need to provide a certification from your healthcare provider. This certification outlines the nature of your disability, the expected duration of your leave, and how your condition interferes with your ability to work. Make sure the documentation meets the standards set by your employer.
3. UNDERSTAND YOUR RIGHTS – Review the policies of your employer and the federal FMLA guidelines. If you face any problems applying for FMLA, then consider consulting with an employment law attorney to ensure the protection of your rights.

FMLA CAN COVER SHORT TERM DISABILITIES

FMLA leave is commonly used for short term disabilities. This allows employees to take time off work for serious health conditions, even if the condition is temporary. To qualify for FMLA leave, you must either be under the continuing care of a doctor and unable to work for more than three days. Or, you must be a patient in a hospital or nursing facility. Conditions that are less severe, such as a sprained ankle or a mild concussion, do not qualify for FMLA leave.

Examples of short term disabilities that qualify for FMLA leave include treatments for dialysis, chemotherapy, or radiation. Another example would be a severe case of the flu that requires an overnight hospital stay or incapacitates you for three or more days. You may also need to stay in the hospital if you have a high risk pregnancy. Additionally, if you require multiple surgeries following an injury, then that may qualify for FMLA leave.

Please remember that FMLA leave is unpaid. However, the law protects your job and allows you to return to your position after your leave ends. Finally, some states (like California) offer short term disability benefits. You can use state payments along with FMLA leave.

FMLA COVERS PARENTAL LEAVE

FMLA COVERS MILITARY LEAVE

You may use FMLA leave for two types of military family needs:

• Military caregiver leave is available if you need leave to care for a family member with a serious illness or injury suffered or aggravated while on active duty. This includes many service related disabilities. Leave is also available to care for veterans who have been out of the armed forces for no more than five years. The service member or veteran must be under medical treatment, recuperation, or therapy. They must be in outpatient status or be on the temporary disability retired list. For this type of leave, more family members are covered. For example, employees can take time off if they are the spouse, parent, son, daughter, or next-of-kin of the service member or veteran.
• “Qualifying exigency leave” is available for employees who need time off to handle practical issues arising from a family member’s active military duty or call to active duty. These issues include arranging childcare, making financial and legal arrangements, and attending counseling.

HOW MUCH LEAVE CAN AN EMPLOYEE TAKE?

For all types of FMLA leave, except military caregiver leave, employees may take up to 12 weeks off in a 12 month period. Most employers use a “rolling” method of counting when the 12 month period stops and starts. With this method, the 12 month period starts when an employee first takes leave. Other employers use a calendar year or fiscal year.

Employees can take up to 26 weeks off for military caregiver leave. However, this leave doesn’t generally renew each year, like other types of FMLA leave. Military caregiver leave is available once per service member, per injury. You can get an additional period of leave if another family member is injured during military service. Or, if the same family member suffered a new injury during military service. But for the same family member and the same injury, leave is available only once.

You don’t necessarily have to take all of your FMLA leave at once. If you’re taking leave for a disability, then you may take leave intermittently. This means you can take leave for a few days or hours at a time. Or, you can work on a reduced schedule if it is medically necessary. Intermittent or reduced schedule military leave is also available for caregiving. However, if you want to take intermittent leave to care for a new child (for example, to return to work part time), then your employer must agree to the request.

WHAT ABOUT USING HEALTH INSURANCE AND SICK TIME WHILE ON LEAVE?

When you’re on FMLA leave, you can continue your group health insurance benefits, as long as your employer provides them. This means you can keep your health coverage during your leave. However, if you normally share the cost of the premiums, then your employer can require you to pay your portion while you’re on leave.

While FMLA leave is unpaid, you may be able to use your accrued paid leave, such as vacation or sick time, during your absence. This allows you to receive pay while you are off work. You can do this as long as the reason for your leave is covered by the employer policies. For instance, if you’re taking FMLA leave due to a medical condition or disability, then you could use your accrued sick leave to receive payment for some or all of the time off.

If you are using FMLA leave to care for a family member, then the rules for using sick leave vary. You can use sick leave to care for a family member only if your employer’s policy allows it. Some employers may allow you to use sick leave to care for family members. Others may restrict it to your own health issues only. Be sure to check your employer’s plan to understand how it applies in these situations.

THE BENEFITS OF FMLA FOR EMPLOYEES 

You cannot be fired while on disability leave. When your FMLA leave ends, you have the right to your previous position or a similar one. This means your job duties, pay, shift, schedule, and other aspects of your job should be the same as before. In addition, you employer must reinstate all of your employee benefits, like health insurance. There are a few exceptions, such as if your job was eliminated while you were on leave. However, these situations are rare.

If you return from leave and are unable to perform your job duties due to your disability, then your employer must make reasonable accommodations to help you do your job. This could include changes to your duties or schedule. As long as it is reasonable for your employer to make those adjustments, they need to make them.

If your employer refuses to give you your old job, then you can take legal action. You can file a lawsuit to get your job back. Additionally, you can sue if your employer denies you leave or doesn’t provide job accommodations. You can also file a lawsuit to take leave under FMLA and you can seek financial damages.

HIRE OUR LAW FIRM TO FILE FOR SSD BENEFITS

Qualifying for FMLA when you have a disability is possible. However, you must meet specific criteria. And, you must file the paperwork to ensure that your medical condition qualifies as a serious health issue. By understanding how FMLA works, you can protect your job and manage your health condition.

If your medical condition prevents you from working for over one year, then file for Social Security disability benefits. When that happens, our SSD law firm is here to assist you. Our team of disability law experts can guide you through filing for and winning SSDI and SSI benefits. Contact us today to learn about how we can help you.

We offer free review of your benefits. If you have questions about FMLA that go beyond the scope of this article, then we will refer you to an employment law attorney. Don’t let the stress of dealing with a disability benefits and work weigh you down. Let us help you deal with your FMLA benefits and Social Security disability benefits with confidence. Call today.

TAKE ADVANTAGE OF ALL YOUR DISABILITY BENEFITS

An attorney with experience can be the difference between losing or winning your disability benefits. Hire the best attorney to help you. In the past 30 years, our attorneys have won more than 20,000 SSDI and SSI cases. Therefore, if you need an attorney, then contact Cannon Disability Law. We can usually tell you over the phone if we can help you with your case. Even if you are weeks away from a hearing, we can help you win benefits. Contact us.

We do not make you pay any upfront attorney fee. In fact, you will only pay an attorney fee when we win your benefits. If we don’t win your case, then you do not pay an attorney fee. If you need to know more about attorneys fees, then review attorney fees in SSD cases.

Additionally, if you need to apply for SSD benefits, then visit Social Security’s website. You can apply online. We can help you. Also, we offer a free review of your case. Call us for free today. Find out if we can represent you before the SSA.

It is the goal of our legal team to win your SSDI and SSI benefits. Because you need benefits to replace your former income. We don’t take the case of every person who calls. Because not everyone has a medical condition that is eligible for SSD benefits. However, if you call, then we will try to answer your questions about the benefit process. Call now. Put our legal experience to work for you.