Are you worried about losing a job due to your disability? What you need to know
If you have a disability and are concerned about losing your job because of it, you may not have to worry at all. There are times when you may be protected from being laid off even if you think your job might be at risk.
What type of disability are you using?
There are some programs that will provide you with a portion of your income if you have to leave work while you are sick or recovering from an injury or illness. Some companies offer their employees short-term and long-term disability insurance policies that will pay them while they are out of work. However, these insurance programs will not protect a job. Many people use these programs at the same time as FMLA or ADA.
FMLA stands for Family Medical Leave Act, which is a federal law that will protect an employee’s job for up to twelve weeks a year to care for himself or a family member. ADA stands for the Americans with Disabilities Act. This law makes it illegal to fire someone because of their illness or other medical problems. Instead, the employer is required to make adjustments that allow the employee to do their job correctly.
When you can’t be fired
When you are not on FMLA and have submitted the necessary documentation with your doctor and employer, you cannot be fired from your job while you are away. If you have a disability that entitles you to work through the ADA, you are protected until the employer has made reasonable accommodations for you to do your job.
When can you be fired
While FMLA and ADA can protect your job, there are times when you can still be fired. If you are taking FMLA leave and do not return after twelve weeks, you can be fired. You can also lose your job if you were absent without submitting the proper documentation required by the employer and the FMLA. If you are subject to the ADA, you may lose your job if you cannot perform the basic functions of your job, even with the proper accommodations. You will also lose your job if you do not return to work after accommodations have been made for you.
Having a disability does not necessarily mean that you cannot work. It just means that you need to take a few extra steps to make sure your work is protected in case you have to be absent. If you believe that you may be discriminated against because of your health or other condition, it is important to stand up for yourself to ensure that your rights to work are fully protected.