Disability leave, as the name suggests, means the leave taken from job due to any disease or any other kind of disability. It may be physical or mental and it requires prolonged treatment. There are many laws that give you legal rights if you’re out on disability for treatment of that particular problem.
Requirements for applying disability leave:
Not everyone is covered by these laws. There are certain requirements that need to be fulfilled both by you and your company. Your company should have a certain number of employees with it residing within a certain distance from the office. Similarly, you should also be working with that company for a specific minimum number of months. These conditions vary from one state to another. So, each case should be dealt individually to suggest whether he/she should be allowed or not.
Who can approve your leave?
It is the duty of the employer to decide whether a particular employee needs disability leave or not. Sometimes, it happens that an employee is sick and he is a potential risk for other employees, like he is suffering from a contagious disease, then in this case, it is the responsibility of the employer to accept the leave of the sick employee. But, there is no such law that allows disability leave to the employee in case any of his relatives is sick.
Job threat during disability leave:
Whether or not you can be fired during the disability leave depends under which law you are applying for the leave. Your company may fire you during your leave if you are not a profitable recourse to it. But if it fires you under discrimination, you can challenge its decision. Then, you are entitled to the same job benefits and pay as before the leave. Your employer has no right to impose any kind of threat to your job during the leave under discrimination. But the law does not require the company to offer you paid leave. They can offer you unpaid leave or any other kind of flexibility.
How to apply for disability leave:
The official way of applying for the disability leave is to write an application containing your reason for leave along with the medical reports. You should also keep a copy of all the communication you had with your company. In case, your application gets rejected by the company, you can file your grievance with the human resource department. You can get all the information about the legal rights if you’re out on disability over here. Different acts protect your disability leave, so, if you are not allowed for the leave, you can get help from them.
Compensation in case of law violation:
There are many kinds of compensations you can get if you have faced any kind of violation to your legal rights like there are monetary compensations, promotions or rehiring and other pay backs. Your company can also face legal problems in case of violation of your legal rights.