Temporary illnesses and injuries aren’t disabilities — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Temporary illnesses and injuries aren’t disabilities

by on
in FMLA Guidelines,Human Resources,Maternity Leave Laws

Fortunately for employers, not every temporary physical restriction is a disability under the ADA. If that were the case, employers would spend all their time trying to accommodate problems or conditions that eventually will disappear on their own.

Examples of temporary disabilities include broken bones set in casts, accident injuries that require medical care but gradually go away, and pregnancy. Before you entertain accommodations, look at the claimed disability and decide whether the problem will resolve itself within a reasonable time frame or if it permanently impairs a major life function.

Recent case: Sharon Green worked as a temporary employee for the New York City Health and Hospital Corporation when she had an auto accident. The mishap left her with an injured hand, and she used her accumulated sick and annual leave to recover. Then she became pregnant and asked for maternity leave.

Meanwhile, she learned that the temporary job she had held would be converted into a permanent one. Her employer asked Green if she wanted the job, but she declined because of her pregnancy.

She later filed an ADA suit, alleging she was disabled and should have been accommodated: Her employer should have held the job open for her until she could return.

The court concluded the ADA didn’t cover Green because she didn’t have a permanent impairment—both the hand injury and the pregnancy were transient conditions. Because neither substantially impaired a major life function, she wasn’t disabled and wasn’t entitled to accommodations. (Green v. New York City Health and Hospital Corporation, No. 04-CV-5144, SD NY, 2008)

Final note: Many temporary physical or medical problems are serious health conditions under the FMLA, and eligible employees may be entitled to time off under that law. Always analyze claimed disabilities under both laws, unless your organization clearly doesn’t have to comply with the FMLA because you have fewer than 50 employees.

Leave a Comment