| "Disability leave" refers to a leave of absence from | | | | to the ADA, a disabled person is someone who (a) |
| work for a variety of reasons taken by a disabled | | | | has a physical or mental impairment that substantially |
| employee. It can also refer to leave taken by these | | | | limits one or more major life activities; (b) has a record |
| employees under the Americans with Disabilities Act | | | | of such an impairment; or (c) is regarded as having |
| or to leave allowed by an employer under their short | | | | such an impairment. |
| or long term policies. This article discusses three | | | | Third, your employer is required by law only in certain |
| important facts you should know before applying for | | | | situations to offer disability leave. Employers can |
| disability leave. | | | | establish attendance and leave policies that are equally |
| First, the ADA mentioned above makes it illegal for | | | | applied to all employees irrespective of disability. But at |
| state and local governments, private employers, | | | | the same time, employers cannot refuse leave needed |
| employment agencies and labor unions to discriminate | | | | by an employee with a disability if other employees get |
| against qualified individuals with disabilities. This applies | | | | such leave. That being said, the employer is not |
| to all stages of the employment process including job | | | | required to provide additional paid leave, but |
| application procedures, hiring, training, firing, | | | | accommodations for an employee's disability may |
| compensation, advancements, and other terms of | | | | include leave flexibility and unpaid leave. |
| employment. | | | | If you apply for but are denied disability leave, you may |
| Second, not everyone who has a disability qualifies for | | | | be within your rights to contact an attorney and |
| protection under the ADA. The guidelines for who | | | | discuss your options. Remember that leave policies |
| qualifies as a disabled person will effect whether your | | | | vary by employer and most are permissible under the |
| employer allows you disability leave or not. According | | | | ADA. |