DISABILITY ACCOMMODATIONS AND PROTECTED LEAVE LAWS
Employers often fail to properly implement or explain the various laws and policies applicable to sick leave, family and medical leave, victim leave, and disability accommodation laws. Educating yourself on this topic can be enormously empowering.
It’s best to think of leave/accommodation protections as multi-layered. If one leave law does not apply to protect your job, another one might. Be sure you have exhausted all of the potentially applicable laws that might protect your job should you need a leave for the following reasons:
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the birth, adoption, or foster placement of a child;
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your own serious health condition or disability;
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to care for a family member’s serious health condition;
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before or after birth of child or for prenatal care;
-
your child has an illness or injury that requires home care but is not a serious health condition;
-
your child's school or childcare provider is closed due to a public health emergency, such as the COVID-19 pandemic school closures;
-
your spouse or domestic partner is a service member and has been called to active duty or is on leave from active duty;
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the death of a family member; or
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you experience domestic violence, harassment, sexual assault, or stalking (or if you are a parent or guardian of a victim).
Some of these leaves will also qualify for financial benefits through Paid Leave Oregon, so be sure to explore that possibility. Often you will also have short- or long-term disability “policies” that act more like an insurance benefit. These policies typically do not provide job protection but, rather, benefits to you should you qualify. Our office does not assist in navigating the application of these policies/benefits but can provide you with referrals to attorneys that can.
One area that employers often disregard is the idea that even if you are not qualified for job protection or have run out of protected time under Oregon Family Leave Act (OFLA) or the federal Family and Medical Leave Act (FMLA), you might still qualify for additional leave as an accommodation for your disability. Look into invoking the “interactive process” and requesting additional leave as an accommodation for your disability.
Also be sure to invoke the interactive process for any other type of job modification you might need for your disability. Askjan.org has many ideas for various accommodations for particular disabilities but work with your doctor to determine your particular needs for your particular job.
It’s best to think of leave/accommodation protections as multi-layered. If one leave law does not apply to protect your job, another one might. Be sure you have exhausted all of the potentially applicable laws that might protect your job should you need a leave for the following reasons:
-
the birth, adoption, or foster placement of a child;
-
your own serious health condition or disability;
-
to care for a family member’s serious health condition;
-
before or after birth of child or for prenatal care;
-
your child has an illness or injury that requires home care but is not a serious health condition;
-
your child's school or childcare provider is closed due to a public health emergency, such as the COVID-19 pandemic school closures;
-
your spouse or domestic partner is a service member and has been called to active duty or is on leave from active duty;
-
the death of a family member; or
-
you experience domestic violence, harassment, sexual assault, or stalking (or if you are a parent or guardian of a victim).
Some of these leaves will also qualify for financial benefits through Paid Leave Oregon, so be sure to explore that possibility. Often you will also have short- or long-term disability “policies” that act more like an insurance benefit. These policies typically do not provide job protection but, rather, benefits to you should you qualify. Our office does not assist in navigating the application of these policies/benefits but can provide you with referrals to attorneys that can.
One area that employers often disregard is the idea that even if you are not qualified for job protection or have run out of protected time under Oregon Family Leave Act (OFLA) or the federal Family and Medical Leave Act (FMLA), you might still qualify for additional leave as an accommodation for your disability. Look into invoking the “interactive process” and requesting additional leave as an accommodation for your disability.
Also be sure to invoke the interactive process for any other type of job modification you might need for your disability. Askjan.org has many ideas for various accommodations for particular disabilities but work with your doctor to determine your particular needs for your particular job.