Medical Leave

My boss won’t let me come back after I took a medical leave. What should I do?

It is illegal for employers to retaliate against employees for taking a protected leave. If you believe you are being treated differently for taking a protected leave, you may want to contact an attorney.

Can my employer impose a limit on the amount of medical leave I can take?

An employer may impose a limit on the amount of medical leave an employee may take beyond the statutory minimum amounts of time. The employer may only impose such limits if the additional time would amount to an “undue hardship” on the employer, or if another accommodation would enable the employee to perform the essential functions of the position.

What if my leave of absence is contested by my employer?

Your employer may require that you provide a doctor’s note before approving the medical leave, but only if no such leave has previously been granted. In general, employers may not interfere with the employee’s rights on a practical level. Accordingly, an employer cannot characterize the leave as personal leave rather than medical leave. Generally, such claims do not require proof of discriminatory or retaliatory intent. You should consult with an attorney to determine what potential claims you may have.

Is medical leave itself a form of reasonable accommodation?

Medical leave for treatment, procedures, or recovery is a form of reasonable accommodation. If such leave is denied, you may have claims for disability discrimination as well as claims for interference. You should consult with an attorney to determine what potential claims you may have.

What is the difference between paid sick leave and FMLA/unpaid medical leave?

Paid sick leave provides employees with paid time off to recover from illness or injury, or to care for a sick family member. Unpaid medical leave is when an employee has to take time off due to illness or injury but does not receive any pay for that time.

What is the difference between short term disability leave and FMLA?

Short-term disability leave is a type of insurance policy that provides financial assistance to employees who are unable to work due to a medical illness or injury. The FMLA (Family and Medical Leave Act) is a federal law that requires employers to provide eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons.

What do I need to tell my employer about my leave?

While the regulations implementing the FMLA provide that an employer can require an employee’s health care provider to provide a statement or description of appropriate medical facts regarding the employee’s health condition in connection with evaluating the applicability of the FMLA, this does not mean that the employer can ask you about the diagnosis. Nor do the regulations require that the health care provider provide the diagnosis. If the leave is associated with a disability, the ADA prohibits the employer from making any health or medical inquiries unless doing so is job-related and consistent with business necessity.