When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, state workers' Compensation laws
have leave provisions that may apply. Depending on the situation, one or more of these laws can apply to the same employee. To help employers understand their responsibilities related to medical and disability-related leave, an overview of each is provided below, including information about where the laws intersect and overlap. Workers' Compensation laws apply to almost all employers. Workers' compensation is a form of insurance that provides financial assistance, medical
care and other benefits for employees who are injured or disabled on the job. Except for federal government employees and certain other groups of employees, workers' Compensation laws are administered at the state level. The Americans with Disabilities Act (ADA) is a federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of working and living in America. In particular, Title I of the ADA prohibits covered employers from
discriminating against people with disabilities in the full range of employment-related activities, from recruitment to advancement to pay and benefits.
The Job Accommodation Network (JAN) is a free service sponsored by DOL's Office of Disability Employment Policy that provides information on specific job accommodations, including leave. JAN can be contacted by calling 1-800-526-7234 or 1-800-ADA-WORK (1-800-232-9675) (voice/TTY). The U.S. Department of Justice's ADA Homepage provides extensive ADA information and resources, including publications for businesses and links to the various agencies responsible for enforcing its different provisions. The Family and Medical Leave Act (FMLA) is a federal law designed to help workers balance job and family responsibilities by giving employees up to 12 weeks of unpaid leave per year for specific reasons, including a serious health condition or to care for an immediate family member who has a serious health condition. During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions.
When Medical and Disability-Related Leave Laws Intersect When employees need time off because of a medical or disability-related issue, it is important to remember that they may have rights under all of these laws at the same time. In certain circumstances, provisions of the ADA, the FMLA and Workers' Compensation laws can apply to the same employee, and employers may find understanding their responsibilities a challenge. For example, a Workers' Compensation injury that requires hospitalization or incapacitates an employee for more than three days and requires continuing treatment by a healthcare provider generally qualifies as a serious health condition under the FMLA. If the injury causes a permanent mental or physical impairment that substantially limits a major life activity, that same employee could be entitled to additional leave as a reasonable accommodation under the ADA. In addition, several states have enacted their own family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by the FMLA, and/or provide benefits to employees who are not eligible for FMLA. When employees are covered by both federal and state family and medical leave laws, they are entitled to the greater benefit or more generous rights provided under the different parts of each law. Below are the basic steps employers can follow to determine their responsibilities regarding medical and disability-related leave requests:
The EEOC Web site has further information about the interaction between the ADA and FMLA and guidance about the relationship between the ADA and state Workers' Compensation laws. How much can you make in Florida while on disability?You can make up to $1,350 (or $2,260 if you are blind) in 2022 on Social Security Disability or your benefits will stop, which is known as Substantial Gainful Activity (SGA). During the trial work period, there are no limits on your earnings, but you cannot exceed the SGA amount.
Can you work partYou can work part-time and still get disability benefits. However, your eligibility largely depends on how much you make while working. The Social Security Administration (SSA) notes that you cannot make more than a certain amount of money to qualify for benefits.
What's the most you can work on disability?During the 36-month extended period of eligibility, you usually can make no more than $1,350 ($2,260 if you are blind) a month in 2022 or your benefits will stop. These amounts are known as Substantial Gainful Activity (SGA).
Can you work and collect disability in Florida?Can You Work While on SSDI? Generally, SSDI recipients can't do what's considered "substantial gainful activity" (SGA) and continue to receive disability benefits.
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