FMLA And Disability Attorney In St. Louis
The Family and Medical Leave Act (FMLA) allows you to take the time you need to spend with your family in important moments, without it hurting your career. FMLA and the Americans with Disability Act work together to make careers more open to more people. However, in my time as an FMLA and disability law lawyer, I’ve had to help my clients take action to secure what they deserve under the law.
My name is Susan Nell Rowe, and I have decades of experience in employment law as an attorney for employees. I’ve spent time in large law firms, working for some of the biggest companies, and now I work for people facing difficult legal challenges at my own firm, Rowe Law Office, LLC. Utilizing your entitled FMLA rights should not impact your working life.
What Are Your Rights To Accommodation And Leave?
The two federal laws that outline an individual worker’s right to accommodations are FMLA and the Americans with Disabilities Act (ADA). These two laws work in tandem to provide a host of rights to workers:
- FMLA: FMLA allows for up to 12 weeks of unpaid leave for anyone needing medical care or anyone who has had a child or anyone who must care for a sick relative. You cannot be fired and the use of this leave cannot be the basis for disciplinary action.
- ADA: Anyone with a disability must receive reasonable accommodation in order for them to perform their work duties. These accommodations can be workstation modifications, installing accessibility features or even modifying work schedules.
Both laws go even further protecting you from discrimination based on use of pregnancy leave or disability status. These protections are robust on the federal level and supported at the state level under the Missouri Human Rights Act.
Why Turn To Rowe Law Office, LLC
In my time as an attorney, I’ve represented employers and employees in a variety of disputes regarding ADA and FMLA. I have deep insight into the strategic and legal choices your employer makes. But I also know how to build your case to pursue the outcome you deserve.
Common Questions Clients Are Asking About FMLA Disability
Navigating medical leave often creates confusion for Missouri workers. Understanding state and federal protections helps you safeguard your employment while focusing on your recovery.
How does FMLA leave interact with Short-Term Disability (STD) benefits and accrued paid time off (PTO) in Missouri?
STD checks provide income during your unpaid leave, while paid time off replaces missing wages during unpaid periods. Both benefits may be active at the same time, so taking disability leave still reduces your overall available time off under federal law.
When you draw disability pay, employers cannot force you to use saved vacation or sick days unless company policy allows combining both payments. Otherwise, if you lack disability coverage, your employer can require – or you may choose – to use earned time off so you continue receiving paychecks.
How do the Missouri Human Rights Act (MHRA) and federal ADA protect employees returning to work with permanent or temporary medical restrictions?
State and federal laws require employers to provide reasonable adjustments so you can perform core job duties safely with medical restrictions. Your employer must talk with you directly to find practical solutions once you submit a doctor’s note outlining your physical limitations. Possible adjustments include flexible work schedules, light-duty tasks, ergonomic equipment modifications or reassigning nonessential duties to co-workers.
Employers cannot deny these options simply because staff members traditionally performed a task in one specific way. In some situations, reassignment to an open equivalent position could be a good option.
What legal options exist for St. Louis employees who exhaust their 12 weeks of FMLA leave but still cannot return to work?
Exhausting your 12 weeks of leave does not give an employer automatic grounds to fire you for a qualifying health condition. You can request additional unpaid medical leave as a reasonable workplace adjustment to protect your job status.
Before your standard leave ends, submit a written request and a doctor’s note specifying your expected return date. This documentation obligates your employer to discuss extensions with you in good faith. An employer can only deny extra time off if they prove that your extended absence causes severe operational disruption or extreme financial hardship.
Knowing your rights empowers you to make informed decisions about your career.
Attentive, Experienced, Compassionate
When my clients suffer from MFLA or ADA violations, their livelihood and future are in the balance. I aim to provide the care and attention you need at this moment to prepare for your next steps. Reach out today to learn more by calling 314-720-6890 or sending an email using this online form.