• Family and Medical Leave Act
• Americans with Disabilities Act
• Federal Rehabilitation Act

In addition, most states have laws that prohibit job discrimination based on disability, although what these laws cover varies widely.

Family and Medical Leave Act

The Family Medical Leave Act of 1993 (FMLA) gives employees of employers with 50 or more employees the right to take time off due to illness or caring for an ill dependent without loss of job or group health benefits. The law applies to 1) public agencies, including state, local and federal employers, local education agencies (schools), and 2) private-sector employers who employ 50 or more employees. It is enforced by the Employment Standards Administration, Wage and Hour Division, of the U.S. Department of Labor. The FMLA:

• Provides up to 12 work weeks of unpaid, job-protected leave a 12-month period for serious illness. The 12-week leave does not have to be taken all at once. Time can be taken in blocks, such as several hours a day.
• Can be used to provide leave for a) people with illness like cancer or b) caregivers of family members, including parent, spouse, or child (including adult children who are unable to care for themselves).
• Allows employees to use accrued paid annual leave or possibly accrued sick leave during the medical or family leave.
• Allows the employer to request a medical certification by a doctor or other health care provider.

The following links provide additional information. (Your browser will open another window for the information.)

• Fact sheet published by the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division.
• Detailed question-and-answer guide, published by the National Partnership for Women and Families.
• FMLA Compliance Guide, published by the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division.
• Text of the Family and Medical Leave Act of 1993.

The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. The part of the law prohibiting job discrimination is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.

This law covers individuals with cancer or a history of cancer who 1) are employed by a private employer, state or local government, employment agency, labor organization, or labor-management committee with 15 or more employees, 2) choose to disclose their diagnosis to their supervisor, and 3) require reasonable workplace accommodation. Under the law, employers

• May not discriminate against a person with cancer or a person with a history of cancer.
• May ask only job-related medical questions.
• Must make reasonable accommodation in the workplace for qualified employees with a disability unless it causes undue hardship on the operation of the employer's business. An accommodation might be a change in duties, modification of work schedule, or provision of additional unpaid leave to assist employees during or after cancer treatment.
• May not discriminate against an employee because of the illness of a member of the employee's family even though the employee could miss work or file expensive health insurance claims.
• May not make disability-based distinctions in employee benefits.

The following links provide additional information. (Your browser will open another window for the information.)

• U.S. Department of Justice Americans with Disabilities Act ADA Home Page
• U.S. Equal Employment Opportunity Commission Home Page
• Text of the Employment and Miscellaneous Provisions sections of the Americans with Disabilities Act of 1990, as amended

• Section 501 covers employees of the executive branch of the federal government. Complaints are filed with the Equal Employment Opportunity Officer in the employing agency. If the issue remains resolved, the U.S. Equal Employment Opportunity Commission should be contacted.
• Section 503 covers employees of employers who receive federal contracts in excess of $10,000 and have fewer than 15 workers. This section is enforced by the Office of Federal Contract Compliance Programs, U.S. Department of Labor.
• Section 504 covers employees of employers who operate federally funded programs and services and have fewer than 15 workers. This section is enforced by the federal agency providing the funds for the program or service.

The following link provides additional information. (Your browser will open another window for the information.)

• Text of the Rehabilitation Act Amendments of 1973, as amended, beginning at Title V — that part which includes Sections 501, 503, and 504.

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