Accommodating Disability Leave
Ivonne Jade Agustin
Workers who incur disability through work injury should be given time to recover from their condition by availing of disability leaves that guarantees their job security until they are well enough to work again and would provide financial help even if they are out of work.
The Family and Medical Leave Act (FMLA) provides employees the right to apply for paid leaves as they recover from a medical condition which prevents them from working or while tend to the needs of their sick family members. State and federal laws dictate that they should be paid during their time off. For workers who are terminated because of their condition, they can hire an employment lawyer who will look into their case and evaluate whether or not they are eligible to receive their unpaid wages and back pay.
California Family Rights Act
Along with the FMLA, the California Family Rights Act (CFRA) provides a 12-week paid leave in a year for the recovery of disabled workers covered in the law in California.
Pregnant workers can have at least four months of paid leave to accommodate their condition and medical needs. The CFRA also guarantees both parents of 12-week paid leave in order to care for their child.
Eligibility for FMLA
In order to be eligible for paid disability leave, the worker must have worked for at least 1,250 hours and his employee must be employing at least 50 other workers within the 75-mile radius.
As for the worker’s compensation, the amount of compensation and the length of the leave depends on the severity of the injury. It would be best for the disabled worker to gather evidence such as a medical report which would prove the necessary length of his recovery period and the seriousness of his condition.
Common Workplace Injury
Many injuries can cause disability which will temporarily or permanently affect the worker’s means of earning compensation income. Some of these accidents are caused by the negligence of their employers.
Workers can incur disability while they are at work. Here are common injuries from accidents which can happen in their workplace.
• Spinal cord injury. This can be incurred in slip and fall accidents caused by defective paths and equipments in a workplace. • Head injuries. Falling debris are common in construction sites where workers are often in danger. • Burn Injuries. These injuries often result from fire or other kinds of explosions which can leave disfigurement aside from inability to work.
Employers who are guilty of negligence will have to pay compensatory damages caused by the accident which caused disability to their workers. To avoid this, they must present an environment where everyone’s safety is guaranteed.
For those who suspect that their termination is caused by their disability, they must consult with their lawyers who can determine whether they can receive compensation or not.
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