Medical Information for Employer for Disability Leave?

Disability leave involves time off of work for a variety of short- or long-term disabilities.  You can apply for disability leave in a variety of ways.  You can file under the Americans with Disabilities Act (ADA), or you may request a disability leave according to your own employer’s disability policies.  You may also take disability for certain “serious medical conditions” pursuant to the Family and Medical Leave Act (FMLA).  Depending on various state and federal regulations, as well as your own condition, position and employer, disability leave that is granted may be either completely paid or unpaid, or involve a combination of paid and unpaid time. 

What are Some Conditions or Disabilities for Which I May Apply for Leave?

You can request disability leave for things like:

• Maternity (for mothers)
• Birth of a newborn or having a newly adopted child (for mothers and fathers)
• Short- or long-term illness
• Injury
• Illness or injury of a spouse, parent, or child

How disability is granted in each of these cases depends on the federal laws governing that disability, and what your employers specific rules are. 

Am I Entitled to Disability Leave?

Not everyone with a disability will necessarily receive disability leave from work.  Closely examine your terms of employment and your employer’s rules on leaves, but in general, you are considered disabled according to the ADA if you have an impairment that limits one or more of your life’s activities and you can prove that impairment.  To be eligible for disability leave under FMLA, both you and your employer need to meet particular criteria as well. 

What Information Does My Employer Need?

To file for disability leave, you will need to complete forms provided by your employer and/or Human Resources department.  You will need to provide medical information, including documents proving your disability from your physician, medical records and/or hospital reports.  The medical professional commenting on your condition will need to document the functional limitations you have as a result of your condition, and offer their input on the length of time you will require before you can return to work.   

Throughout the process, your employer must keep your medical information confidential, and must not discriminate against you based upon either your condition or your filing for disability leave.  Your employer must offer you a reasonable accommodation for your needs, and engage you in an effective communication for a reasonable outcome.

Getting Help

If you are concerned you may not be granted the disability leave you need or if your employer treats you unfairly or denies your request for leave, you should consult with an experienced attorney as soon as possible. Your lawyer can help you to negotiate a deal with your employer or can otherwise assist you in taking any necessary steps to get the leave you need.