Dallas Employment Lawyer Blog
Rachel Bethel Dallas
Trial Attorney
Many workers live with medical conditions that are episodic in nature. Symptoms might present only during periods of flare-ups or relapses that interrupt otherwise stable health.
Such conditions may include multiple sclerosis, seizure disorders, severe migraines, bipolar disorder, mood disorders, Crohn’s disease, and autoimmune disorders.
The ADAAA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Importantly, the regulations also state that “an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” 29 C.F.R. § 1630.2(j)(1)(vii).
In other words, even if your condition is under control most days, most weeks, or even most months, you are still protected for when you might come out of remission. Employers cannot refuse reasonable accommodations solely because your symptoms are not constant.
Under the ADAAA, employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would be an undue hardship on the employer. For episodic conditions, this often means flexibility rather than permanent modifications.
Some examples of accommodations might include:
· flexible scheduling during flare-ups
· temporary remote work
· access to a quiet or private space for symptom relief or medication administration
Workers should let employers know when an accommodation for a medical condition is needed. The employer and worker can then work together in good faith to discuss possible options for accommodation.
For workers of covered employers (those with 50 or more employees) who meet the service and hours requirements, the Family and Medical Leave Act (FMLA) provides another important set of options and protections.
The FMLA allows eligible employees to take up to 12 weeks of job-protected leave per year. Workers must apply for this leave & be approved.
Intermittent FMLA leave allows you to take time off in separate blocks or on an as-needed basis rather than all at once. This can be especially helpful and useful for folks with episodic conditions.
FMLA intermittent leave might allow a worker with an episodic condition to take leave as needed during flare-ups or take time off for treatment, recovery, or symptom management. Employers cannot penalize workers for taking intermittent FMLA leave that has been properly applied for and approved.
If you experience an episodic impairment:
- Notify your employer in writing about your disability and the need for ADAAA accommodations and/or FMLA intermittent leave;
- Provide any required medical documentation, as requested by your employer; and
- Keep records of the communications and requests.
The ADAAA and FMLA both provide protection under federal law to ensure that employees can stay employed, manage their conditions, and maintain their livelihoods without fear of discrimination, interference, or retaliation.
Please contact one of our experienced Dallas employment attorneys to discuss any discrimination, retaliation, or interference you might be facing as a result of your requests for reasonable accommodations and/or leave.