Are employers required to provide reasonable accommodations for disabled workers for vacation and sick leave?
Yes, employers in Florida are required to provide reasonable accommodations for disabled workers for vacation and sick leave. This is a requirement that is set out by federal and state laws that provide protection for individuals with disabilities, like the Americans with Disabilities Act and the Florida Civil Rights Act. For vacation and sick leave, employers must make the necessary modifications to enable disabled workers to use these leave benefits the same way as other employees. Some of these modifications may include providing accommodations for additional time or leave if needed due to medical appointments, providing additional leave for rehabilitation programs, or allowing an employee to take unpaid leave if approved by the employer. When an employer is unable to provide reasonable accommodations for disabled workers, an individual applying for or holding a job may seek other means of accommodation through the company’s grievance policy or by filing a complaint with the Equal Employment Opportunity Commission. Disabled workers should also be aware that they may be able to use the Family and Medical Leave Act (FMLA) to get up to 12 weeks of unpaid, job-protected leave for a serious health condition or to care for a family member who has a serious health condition – with some exceptions. It is important to note that FMLA eligibility does not depend on the disability status, but rather on the employee’s hours worked and other criteria.
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