Disability Leave Laws for Pregnant and Disabled Employees

Disability leave may be considered as one of the most popular issues in the workplace today. Disabled, as well as pregnant employees certainly need disability leaves to cater to their medical needs. However, some employers do not grant them their requests and help support their medical expenses. What can employees do to oppose such wrongful treatments?

Fortunately, there are federal laws that prohibit employers from taking negative actions against disabled and pregnant workers. These laws require employers to grant leaves and financial support for their employees’ medical needs. These are some of these disability leave laws:


Americans with Disabilities Act (ADA)
An individual would be covered by ADA only if he cannot perform any gainful activity. Employees who are proven to have disability have the right to ask for emergency medical leaves to treat their condition. Employers and everyone in the workplace are also prohibited from taking any discriminatory actions against them. Certain job actions such as hiring, promotion, firing, and providing of salary increases should not be done based on the employee’s disability.

Rehabilitation Act
This federal law forbids anyone to discriminate against disabled individuals, as well as disability programs and agencies handled by federal government. Like the ADA, the Rehabilitation Act also does not allow disability discrimination in the workplace.

Family and Medical Leave Act (FMLA)
Enacted in 1993, the FMLA is the chief law that prevents disabled and pregnant employees from losing their jobs upon entering medical leaves. The FMLA also prohibits employers from retaliating against their disabled employees. It allows employees to have 12 weeks of unpaid leave in case of disability, pregnancy, or a serious illness of a family member. After the leave, the employee has the right to return to his original job.

These three federal laws aim for one goal – promote the interests and welfare of disabled, sick, and pregnant employees. If employers fail to observe the terms of these laws, their employees may file a disability discrimination lawsuit against them. If the employees win the dispute case, they may receive compensation for their employers’ damages as well as legal fees.
Disabilities, pregnancies, and other medical conditions that require medical help cannot be totally prevented. Employers should understand their employees’ situations and provide them the benefits they need.