For South Carolina employees facing injuries or medical issues, the prospect of understanding how FMLA leave and and ADA accommodations work together can be daunting and confusing. Not only are you trying to handle the physical and emotional fallout from the underlying injury, disability, or serious medical condition, you’re also now confronted with a swath of acronyms that you may not be familiar with: FMLA, ADA, STD, or even EEOC. So I wanted to provide a brief guide on what these laws are and how they interact.
What the Family and Medical Leave Act Provides for South Carolina Employees
The Family and Medical Leave Act (FMLA) applies to companies with at least 50 employees in a 75 mile radius. Once an employee has worked worked for one year (and at least 1,250 hours during that year), then the employee becomes covered by the FMLA. The Family and Medical Leave Act provides covered employees with up to twelve weeks of protected leave for a serious medical condition, which means an illness, injury, or physical or mental impairment that involves either overnight inpatient care at a hospital or continuing treatment by a health care provider.
Employees with a serious medical condition can notify their company of the need for leave. Once the company is on notice of the need for leave (even if you don’t use the words “FMLA leave”), then the company must begin taking steps to provide that protected leave to employees. If FMLA leave is handled in-house, then the company’s HR department should provide the employee with paperwork stating the employee’s FMLA rights. The company may also request that the employee have their doctor fill out a healthcare certification form to establish the medical condition and the need for leave. The type of FMLA leaves available to South Carolina employees intermittent leave or continuous leave (more on those types of leave here), or it could be a reduced work schedule with fewer hours worked in a week. South Carolina employees should be prompt and diligent in getting that information to their doctors to be filled out, in following up with their doctors to ensure the certification was completed, and in communicating with HR about the status of that certification process, especially if the doctor’s office is not filling out the paperwork quickly. There are deadlines to follow, and employees should be mindful to act within those stated deadlines.
Companies may also use a third-party company to administer various types of leave for the employer. Unum, SunLife, the Hartford, and numerous others become the party that the employee must interact with in requesting leave, providing certifications to, and logging any FMLA leave.
What the Americans with Disabilities Act Provides for South Carolina Employees
Under the Americans with Disabilities Act, a company with at least 15 employees must provide a reasonable accommodation to an employee with a disability, so long as the accommodation does not place an undue burden on the company. A disability under the ADA is a physical or mental impairment that substantially limits one or more major life activity (sitting, standing, walking, concentrating, gripping, etc.).
Often accommodations come in the form of something physical, such as assistance in lifting objects, a chair to sit in, or light duty of some kind.
How FMLA Leave and ADA Accommodations Interact for South Carolina Employees
However, the interplay between FMLA leave and ADA accommodations comes into play once the employee has used up all twelve weeks of FMLA leave. When that happens, the employee may seek to use some additional unpaid leave under the ADA as an accommodation. Many companies get this wrong, thinking that once the FMLA is gone that the employee can be automatically fired. But that’s not true. The company must engage in the interactive process with the employee to see if an accommodation can be provided, and unpaid leave is an option that must be considered.
Now, the employee won’t be entitled to indefinite leave, but certainly requesting a few additional weeks or even 1 or 2 months could be reasonable under the circumstances. It’s important for South Carolina employees to be aware of how FMLA leave and ADA accommodations interact with each other and how they can provide additional relief to an employee who needs a little bit more time to recover or heal.
What About Retaliation for Taking FMLA Leave or Requesting ADA Accommodations?
As always, retaliation remains a concern for South Carolina employees. Most potential clients I talk to are afraid of how the company will react to their request for FMLA leave and ADA accommodations. I don’t blame them one bit. But both the FMLA and the ADA have anti-retaliation provisions within the respective laws. So if a company fires, suspends, or demotes the employee for taking FMLA leave or requesting an ADA accommodation (these acts by employees are called “protected actions”), then that employee would have a basis to bring a retaliation lawsuit against the company and seek available remedies, such as lost wages, lost benefits, and attorney’s fees.
If your company is hassling you about taking FMLA leave or requesting ADA accommodations, or if you been fired in retaliation, then please reach out to our office at (864) 233-4351 or on our Contact Us page to provide additional information about your situation.
