The Wage and Hour Division is providing information on common issues employers and workers face when responding to COVID-19, including the effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act.
This Advisor helps employers and employees understand leave employees
may be entitled to take for purposes of managing medical conditions and
disabilities. To do this, it asks a series of questions to determine which
of several federal employment laws—each of which may provide for such leave
under certain circumstances—apply to an employee’s employer. These laws
include the Family and Medical Leave Act (FMLA) and the Americans with
Disabilities Act (ADA) and other disability nondiscrimination laws under
which leave may be considered a reasonable accommodation.
It is important to note that this Advisor addresses these laws
in the context of medical- and disability-related leave only.
It does not provide comprehensive information about employee and employer
rights and responsibilities under them. It also does not determine employee
eligibility under the FMLA or whether an employee is a qualified person with
a disability under disability nondiscrimination laws. Furthermore, it is
important to note that there may be
federal workers’ compensation laws,
state workers’ compensation laws
or state disability nondiscrimination laws that provide for leave related to
an injury, medical condition or chronic illness.
The Medical- and Disability-Related Leave Advisor is one of a
series of elaws Advisors (Employment Laws Assistance for Workers and
Small Businesses) developed by the U.S. Department of Labor (DOL) to
help employers and employees understand their rights and responsibilities
under federal employment laws. It was developed jointly by DOL’s
Office of Disability Employment Policy
and Wage and Hour Division.
For more comprehensive information about disability nondiscrimination
laws—not limited to the issue of medical- and disability-related leave—visit the
Disability Nondiscrimination Law Advisor.
For more comprehensive information about the FMLA, including how to determine
employee eligibility, visit the
FMLA Advisor. To view the entire list of elaws Advisors, visit the elaws website.
Begin Medical- and Disability-Related Leave Advisor Now
200 Constitution Ave. NW
Washington DC 20210
ABOUT THE SITE