Glossary

Disability leave

Apr 6, 2024

What is Disability leave?

Disability leave is taking time off from work for an extended period of time. One reason for disability leave is that an employee becomes too ill or is injured and cannot perform their job functions. Another reason for disability leave is because the employee must take care of a sick family member. A family member can be a spouse, parent, child, grandparent or sibling and the employee must have a note from their doctor stating that the family member has a serious illness and needs help caring for themselves. The employer may require reasonable documentation to show that the person is  unable to care for themselves due to their medical condition.

What diseases qualify for disability leave?

What is disability leave and what diseases does it cover? Your employees can take disability leave for any illness that meets the following criteria:

  • the illness is serious and prolonged.

Employee must provide medical documentation of your condition, which is typically done by a doctor or hospital. 

  • the Illness prevents your employee from working at all for more than three consecutive days during a period of one year, or 120 days within two years;

This applies to both full-time and part-time employees alike — if they work at least 20 hours per week, then they're eligible for paid sick time regardless of their role within the company.

Types of disability leave

  • FMLA. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for an employee who needs time away from work to take care of a family member who is seriously ill or injured. Disability medical leave also provides up to 26 weeks of unpaid leave for employees whose own serious health condition renders them unable to work.
  • ADA. The Americans with Disabilities Act (ADA) gives time off work when your employee need it because his disability prevents him performing some functions necessary in job duties or working conditions at the workplace.
  • Workers' Compensation or State Disability Insurance programs provide income replacement benefits if employee has hurt on the job and can’t go back to work right away or may never be able to go back again due injury or illness sustained while doing job duties at work place.

How long can an employee be disabled?

The length of time that an employee is disabled is not directly related to the nature of their disability. Rather, it depends on which type of leave they are taking and whether or not they have accrued paid time off (PTO).

  • Short-term disability: Employees who are out for a short period due to illness or injury, such as a sprained ankle or broken arm, generally don't receive long-term disability coverage because they would rarely be out for more than 6 months. This kind of temporary leave typically lasts anywhere from a few weeks to several years, depending on how severe the injury is and how quickly it heals.
  • Long-term disability: Those who suffer from chronic illnesses like Parkinson's disease may need long-term care that spans several years or even decades—and for these employees and their employers alike, comprehensive policies are essential for maintaining financial stability in between periods spent away from work "on disability."

Who Pays for Disability Leave?

  • Employer pay for disability leave, which is the most common scenario.
  • Employee pay for disability leave out of pocket. This happens when you have no paid time off benefits or other resources available to cover the cost of PDLs and other forms of long-term care (like nursing homes).
  • The government may cover some or all of disability leave costs if you're eligible for Social Security Disability Income (SSDI), or State Disability Insurance (SDI) in California, Illinois, Massachusetts and New York. 

Does stress leave count as disability leave?

Disability stress leave is not available. Stress leave is a short-term absence from work that does not qualify as disability leave. It usually unpaid and are often granted for only one or two days. Stress leave is not covered by the Americans with Disabilities Act (ADA).

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