CBA Record May-June 2025

MAY IS MENTAL HEALTH AWARENESS MONTH

Workplace Wellness: Protections When Taking Leave Due to Health or Disability By Marlena Johnson

M any young attorneys are eager to prove themselves, show they bring value, demonstrate they are commit ted to their work, and develop their careers. This drive, while needed and admirable, can result in young attorneys plac ing their health and well-being on the back burner. However, commitment to one’s work should not mean that any attorney, regardless of how long they have been practicing, must “work through” a serious health condition or mental health crisis or put off seeking treatment for a chronic condition. Attorneys, like all workers, have rights and protections when seeking to take time off work for health or disability reasons. This article will discuss the legal protections of the Family and Medi cal Leave Act (FMLA) and the Americans with Disabilities Act (ADA). First Steps Generally, the employee handbook is a good place to start. Employee handbooks typically include information and policies regarding time off, including FMLA leave and requesting reason able accommodations under the ADA. The employer’s leave policy is the first place to look. Many employer policies include sick leave benefits. If personal sick leave benefits include the desired leave, the Illinois Employee Sick Leave Act prohibits an employer from retaliating against an

employee for using that leave. The ADA also prohibits covered employers from discriminating against qualified individuals on the basis of disability for taking sick leave or any other leave. FMLA The FMLA may apply even though an employer’s policy does not cover the relevant leave. The FMLA covers public agencies and private employers with 50 or more employees. Employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the previous 12-month period. For eligible employees, FMLA provides up to 12 weeks of unpaid leave per 12-month period that can be used for enumer ated reasons, including serious health conditions. The Act pro vides guidelines for what constitutes a serious health condition for FMLA leave. It can be used in larger blocks or intermittently. Employees may also request, or employers may require, that accrued paid leave be used concurrently with FMLA leave. Employers can demand at least 30 days’ notice for leave that is foreseeable and notice as soon as practicable for unforeseeable leave. Once leave is requested, employers can require certifica tion of the serious health condition. Typically, this certification is a form with detailed medical information that the employ ee’s health care provider fills out. Specifically, the certification requires a statement of medical facts that is sufficient to support

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