Legal and Justice Book

Posts Tagged ‘About Employment Laws’

Federal and state laws help protect employees with pervasive and short-term disabilities. Short-term disability employment laws provide an employee with a percentage of his regular salary while on leave. In addition, certain laws secure job protection for employees needing disability leave.

Family and Medical Leave Law

Individuals receive short-term disability protection from the Family and Medical Leave Act. Passed in 1993, FMLA provides 12 weeks of unpaid leave for individuals with long-term or short-term disabilities.

According to the U.S. Department of Labor, FMLA ensures job and salary protection for individuals who work for companies with 50 or more employees.

Short-Term Disability and Title VII

Under Title VII, the Pregnancy Discrimination Act, employers must treat pregnancy and other related conditions in the same manner as other temporary or short-term disabilities. An employer must provide equal time for leave and reinstate an employee’s job upon return.

Americans With Disabilities Act

The Americans with Disability Act offers protection for disabled individuals by prohibiting disability discrimination and encouraging employment opportunities for people with short-term or long-term disabilities.

According to the U.S. Equal Employment Commission, a covered employee under ADA with a short-term or long-term medical condition can work part-time or receive reduced hours to accommodate her disability.

Considerations

Short-term disability leave laws vary according to the state. Usually, an employee will begin receiving benefits after a one-week absence. Some employees may require a worker to exhaust sick leave before receiving disability benefits.

States like California offer at least 52 weeks for short-term disability (i.e., salary) for eligible employees.