Understanding Job Protected Leave

DOUBLE COVERAGE: Depending on the circumstances, the employee with a disability or the employee providing care to an individual with a disability may be entitled to a job protected leave under the ADA, FMLA, or both.

BY AYESHA HAMILTON, ESQ

Employees with disabilities may at times need to take a temporary leave of absence from work to receive care or treatment related to their disability. Likewise, a caregiver or other person who has a relationship with an individual with a disability may need to take a leave of absence from work to provide care to an individual with a disability. Depending on the

circumstances, the employee with a disability or the employee providing care to an individual with a disability may be entitled to a job protected leave under the Americans with Disabilities Act of 1990 ("ADA"), the Family and Medical Leave Act ("FMLA"), or both. Whether the job protected leave will be paid or unpaid depends on the employer's leave policy.