Americans With Disabilities Act

In addition to prohibiting discrimination against persons with disabilities, the Americans With Disabilities Act also requires employers to accommodate qualified persons with disabilities to help them perform the essential functions of their jobs.  In addition to flexible scheduling and modifications to the work environment, a reasonable accommodation may take the form of a disability leave of absence.  Leave under the ADA may be available in conjunction with or in addition to leave under the FMLA.

There are several significant differences between the ADA and the FMLA.  The ADA applies to employers with as few as 15 employees.  It has no geographical restrictions and is a legal right that starts on the first day of employment.  However, establishing a disability under the ADA is much harder than a “serious medical condition” under the FMLA.  For ADA purposes, the employee must demonstrate his or her disability significantly impairs a “major life activity.”

If you believe your right to disability leave or accommodations has been denied or interfered with, please call the Fegley Law Firm at (215) 493-8287 or email Mr. Fegley at scott@fegleylaw.com.  Mr. Fegley will personally discuss your situation with you by telephone or email and will tell you whether the problems you may be experiencing at work are, in fact, in violation of the Americans With Disabilities Act.