When illness strikes, it can disrupt not only your health but also your career and livelihood. Many employees worry about job security when a medical condition becomes serious or long-term. The concern becomes even more pressing when an illness progresses into a disability.
Understanding where illness ends and disability begins is key. An illness, such as the flu or a temporary injury, typically resolves with time or treatment. A disability, however, is an impairment that significantly limits one or more major life activities, such as walking, seeing or working.
Understanding employment-at-will and its limits
The Hoosier State is an employment-at-will state, meaning that an employer can generally terminate an employee at any time, as long as the reason is not illegal. However, there are important exceptions. Employers cannot terminate an employment contract based on justifications that violate federal or state anti-discrimination laws, including those that protect workers with disabilities.
Protections under the ADA
The ADA applies to employers with 15 or more employees and prohibits discrimination against qualified workers living with disabilities. A qualified individual is someone who can execute the key roles of employment, with or without reasonable accommodation.
However, the ADA does not require an employer to keep you employed indefinitely if you can no longer perform your job’s essential functions even with accommodation, or if doing so would cause undue hardship to the business.
The role of medical leave and communication
If you’re facing a worsening illness, you should communicate with your employer early and clearly. You may be entitled to job-protected leave under the federal Family and Medical Leave Act (FMLA). This allows you to leverage unpaid leave for serious health conditions. This can provide valuable time to recover or explore treatment options.
If your illness is likely to evolve into a disability, it can help to enlist legal guidance in advance to determine what your rights are as an employee. Anticipating the future can help ensure you advocate for yourself when you face possible wrongful termination.
