FMLA, ADA, and Short-Term Disability
At Optimal Moments, we understand that the therapeutic process can be overwhelming and a difficulty process. Additionally, we understand that your symptoms may be impacting your ability to find success in school or at work. Navigating your options can be challenging, especially when balancing your mental health, chronic conditions, recovery, family responsibilities, and daily tasks.
All clinicians at Optimal Moments can assist you in understanding your options, making an informed decision on what is best for your situation, and completing forms. Coordinating these protections can maximize your support while protecting your health, income, and academic/job pursuits. If you are a current client, please discuss these options further with your clinician. It is up to your clinician if they feel you meet criteria to apply for these options with your employer. We cannot guarantee that your employer will approve your requests.
Family Medical Leave Act (FMLA):
FMLA is a federal law that provides job-protected leave for eligible employees to care for themselves or their family members.
Duration: Up to 12 weeks of unpaid leave for 12 months
Pay: Unpaid; however, you can use paid sick and/or vacation leave (depending) to cover your unpaid leave or STD when applicable.
Job Protection: Yes
Eligibility: Employees at eligible workplaces (50+ employees) and you have been employed for 12 months
Documentation Needed: Documentation provided by your employer’s human resources department, completed by your healthcare provider
Examples: Requesting several weeks of unpaid leave to give medications time to have an effect or to attend residential treatment. Requesting unpaid leave to cover time to attend intensive outpatient treatment programs (4-5 hours a day, 3-4 days a week). Requesting intermittent unpaid time to attend therapy sessions or to take unpaid leave to manage flare up of symptoms.
Americans with Disability Act (ADA):
ADA is a federal law that requires employers and educational institutions provide reasonable accommodations to individuals with disabilities to help them perform their job or have equal access to participate in all school-related programs and services. The ADA requires reasonable modifications to policies, practices, or procedures to ensure physical and mental accessibility unless it would result in an undue burden or fundamentally alter the job/academic requirements.
This is different than FMLA in that it is to help you stay at your job or in school while managing your mental health.
Duration: Ongoing, as long as accommodations are reasonable
Pay: Pay is not affected as you will maintain employment; Not applicable for academic settings
Job Protection: Yes, if reasonable accommodations are feasible
Eligibility: Conditions diagnosed by a healthcare provider that substantially limit you at work or at school. At school you will need to register with the Accessibility Services department on your respective campus. At work, you will consult with your human resources department. Your employer does not need to know your diagnosis.
Documentation Needed: Documentation provided by your healthcare provider, depends on your campus or human resources department what will be required
Examples: Flexible schedule or ability to work remotely. Allowed to wear headphones to silence noise or have a white noise machine. Use of a notetaking app in meetings or lectures.
ADA accommodations are individually defined based on the symptom(s) that are impacting your ability to perform at your best. It is not a guarantee that your employer will agree to your requests if they deem them unreasonable. Explore ADA options here.
Short-Term Disability (STD):
Short-term disability is an insurance benefit that provides partial income replacement if you cannot work due to a medical condition.
This is different than FMLA in that FMLA is unpaid leave. Short-term disability is focused on income replacement, not the leave itself. Short-term disability may be used in combination with FMLA depending on your employer. Every employer does not have short-term disability, in that case, you may consider using sick and/or vacation leave to cover your income while taking leave.
Duration: Typically, 3-6 months, depending on the plan
Pay: Partial pay replacement
Job Protection: Not guaranteed as this is not focused on the leave; consider combining with FMLA
Eligibility: Employers may have short-term disability; it is an optional benefit and not federally required. Eligibility is based on the employer’s terms.
Documentation Needed: Documentation provided by your healthcare provider indicating your inability to work
Example: STD can be used in combination with FMLA if you are unable to work because you are attending a residential treatment program.
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