theretoo
New Member
problem solving and analysis -
disability definition - there are 3 in any 1 particular case of employment based disability, not including workers comp
1 - federal adaa definition - see eeoc - generally a chronic health condition that may be controlled with meds, but if the employee did not take the meds, would have a disabling health effect or a chronic condition that may have flare ups, and in it's 'active state' is a disabling health condition. may include asthma, depression, diabetes, etc. no one 'disability' will be 'compared' to another 'disability' in their disabling effect as the diabling effects of any condition would differ greatly by case/individual and type of disability. this means that an employer can't state that someone with a back injury is 'more disabled' than an employee with 'major depression', they are completely different conditions with completely different disabling effects.
2 - individual state disability definition, if any, depending on your state - would have to offer the same or better/broader disability protection than adaa.
3 - employer's short or long term disability insurance policy definition
an employee's job is 1st protected by federal adaa disability law definition of disability in job protection
your state, as in my state, california, may have greater protection in state disability protection than the american with disability's act, so an employee's job is protected first by federal disability definition and secondly, further protected by any broader state disability definition, so the employee's job is protected under one or both. the broader coverage of state definition will trump federal protection unless federal protection is greater than the state. the whole purpose is that an employee's job is 'protected' due to disability.
employer's short or long term disability policy is a total different entity and protects the scrooge employer's from having to comply with either state or federal disability definition due to loopholes in federal erisa law. this means even if your job is protected under state and or/federal disability definition, your employer's disability insuance can state they will not pay any disability benefits unless your injury/illness was caused by an abduction of aliens, and still be within their rights not to pay short or long term disability benefits to an employee because their policy 'says so'.
fmla - federal family and medical leave of absence covers a 'serious' health condition that may or may not be a disability. your employer is required by law to approve your fmla time within 5 days with proper medical documentation. every employee is entitled to 12 weeks every year snd they cannot dock you for attendance for using it, they cannot give you a lower performance evaluation for it, they cannot interfere with your right to use it, etc.
you fell down the stairs and broke your ankle
your parent or child has cancer or is hospitalized and you are needed to attend to/care for your family member
hysterectomy
knee surgery
etc.
here is an example - i applied for intermittent fmla for my child who has a 'disabling' kidney condition. he is not 'disabled' at this point with it, however, he had an accident at school and was pushed off some playgound equipment at school. the incident caused severe bleeding for a week or so, ultra sounds, consults and monitioring by his kidney specialist, etc. and there was no way to know if there may have been any permanent damage to his kidney's due to the accident since he has a genetically 'unhealthy' kidney's. my employer fought and whined and said i could not request 'fmla' for 'that', blood in his urine for a week. even tho my son's case is surely not 'typical' of 'just' blood in the urine that could be minor for a person with healthy kidneys but possible permanent damage to already 'unhealthy' kidney's. well, gosh, for a kid who has no choice but to face transplant at somepoint in his life, i would say that was a pretty 'serious' injury to a kid with already unhealthy organs. my point to requesting intermittent, was 1- i had no idea if there may be further problems related to the injury and i wanted to be covered if we wound up a children's hospital for possible irreversible damage or further problems related to the injury, if i needed the time, i wanted to have the intermittent fmla in place if i needed it. employer whined that it 'was not that serious'.
employer's are not licensed physicians to provide diagnostic opinions nor treatment and are certainly not trained or capable of making these decisions on the behalf of any employee, thus when medical documentation is provided, they are now, finally now, not to overanalyze it with their personal opinons on it.
disability definition - there are 3 in any 1 particular case of employment based disability, not including workers comp
1 - federal adaa definition - see eeoc - generally a chronic health condition that may be controlled with meds, but if the employee did not take the meds, would have a disabling health effect or a chronic condition that may have flare ups, and in it's 'active state' is a disabling health condition. may include asthma, depression, diabetes, etc. no one 'disability' will be 'compared' to another 'disability' in their disabling effect as the diabling effects of any condition would differ greatly by case/individual and type of disability. this means that an employer can't state that someone with a back injury is 'more disabled' than an employee with 'major depression', they are completely different conditions with completely different disabling effects.
2 - individual state disability definition, if any, depending on your state - would have to offer the same or better/broader disability protection than adaa.
3 - employer's short or long term disability insurance policy definition
an employee's job is 1st protected by federal adaa disability law definition of disability in job protection
your state, as in my state, california, may have greater protection in state disability protection than the american with disability's act, so an employee's job is protected first by federal disability definition and secondly, further protected by any broader state disability definition, so the employee's job is protected under one or both. the broader coverage of state definition will trump federal protection unless federal protection is greater than the state. the whole purpose is that an employee's job is 'protected' due to disability.
employer's short or long term disability policy is a total different entity and protects the scrooge employer's from having to comply with either state or federal disability definition due to loopholes in federal erisa law. this means even if your job is protected under state and or/federal disability definition, your employer's disability insuance can state they will not pay any disability benefits unless your injury/illness was caused by an abduction of aliens, and still be within their rights not to pay short or long term disability benefits to an employee because their policy 'says so'.
fmla - federal family and medical leave of absence covers a 'serious' health condition that may or may not be a disability. your employer is required by law to approve your fmla time within 5 days with proper medical documentation. every employee is entitled to 12 weeks every year snd they cannot dock you for attendance for using it, they cannot give you a lower performance evaluation for it, they cannot interfere with your right to use it, etc.
you fell down the stairs and broke your ankle
your parent or child has cancer or is hospitalized and you are needed to attend to/care for your family member
hysterectomy
knee surgery
etc.
here is an example - i applied for intermittent fmla for my child who has a 'disabling' kidney condition. he is not 'disabled' at this point with it, however, he had an accident at school and was pushed off some playgound equipment at school. the incident caused severe bleeding for a week or so, ultra sounds, consults and monitioring by his kidney specialist, etc. and there was no way to know if there may have been any permanent damage to his kidney's due to the accident since he has a genetically 'unhealthy' kidney's. my employer fought and whined and said i could not request 'fmla' for 'that', blood in his urine for a week. even tho my son's case is surely not 'typical' of 'just' blood in the urine that could be minor for a person with healthy kidneys but possible permanent damage to already 'unhealthy' kidney's. well, gosh, for a kid who has no choice but to face transplant at somepoint in his life, i would say that was a pretty 'serious' injury to a kid with already unhealthy organs. my point to requesting intermittent, was 1- i had no idea if there may be further problems related to the injury and i wanted to be covered if we wound up a children's hospital for possible irreversible damage or further problems related to the injury, if i needed the time, i wanted to have the intermittent fmla in place if i needed it. employer whined that it 'was not that serious'.
employer's are not licensed physicians to provide diagnostic opinions nor treatment and are certainly not trained or capable of making these decisions on the behalf of any employee, thus when medical documentation is provided, they are now, finally now, not to overanalyze it with their personal opinons on it.
