Your workplace shouldn’t be a place of pain and misery. Unfortunately, that can happen if you don’t know what to do when facing work-related health issues. The good news is that it’s never too late to discover your rights, and importantly, exercise them.
In this article, we’ll cover your rights at work; how to navigate health issues and workplace protections.
You may have health issues, but you also have rights. These rights are usually protected by various laws no matter your position in the workplace.
Let’s begin with the Americans with Disabilities Act (ADA). This law protects employees with disabilities from discrimination. It also requires employers to provide reasonable accommodation for such employees.
The Family and Medical Leave Act (FMLA) is yet another law worth learning a thing or two about. It provides job-protected leave for qualifying health conditions, including but not limited to:
Serious health conditions requiring inpatient care
Chronic conditions requiring ongoing treatment
Pregnancy, childbirth, or related medical conditions
Serious health conditions requiring multiple treatments (e.g., chemotherapy)
Disabilities that prevent the employee from performing essential job functions
Thirdly, we have the Occupational Safety and Health Act (OSHA). Enacted in 1971 by President Nixon, this law guarantees that your workplace is safe and free from health hazards.
These laws typically apply both at the state and federal levels. Note that each state may have its own additional workplace protections that offer further support.
Many employees aren’t fully aware of the protections available to them under these laws. As a result, they unnecessarily endure unspeakable injustices in the workplace.
Misconceptions about workplace health protections are partly to blame. For so long, many workers across the country have had to believe that:
Accommodations are only for physical disabilities
FMLA is only for family care, not personal health
They have to disclose all health details to their employers
They can be fired for taking FMLA leave
ADA accommodations are only for permanent disabilities
There’s a reason these are just misconceptions. The truth is that today, workers have more rights than they did decades ago.
As an employee, it’s usually your responsibility to inform your employer about health issues that could potentially impact your ability to perform certain tasks. Here’s how to go about it.
Only reveal necessary information. For example, you can discuss with your employer how your health impacts your work and what accommodations you may need.
Maintain a high level of professionalism as you communicate your issues. But also remember that you don’t have to share detailed medical history unless it’s relevant to your accommodation request.
Your employer can’t leak your health information to a third party. And if they violate this requirement, you may be able to take legal action against them.
We’ve seen that the ADA requires your employer to provide accommodations if your health issues make it hard to perform your job. The term “reasonable accommodations” in this context could mean things like:
Remember, getting reasonable accommodation requires teamwork between you and your employer. You should be clear about what would help you do your job effectively. With that said, you shouldn’t have to accept accommodations that won’t work for you. In that case, consider discussing your needs with your employer to arrive at common ground.
Both state and federal laws strictly prohibit workplace discrimination. So, if you’ve been discriminated against due to your health issues, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Among others, discriminatory behaviors, especially those related to your health issues, may include:
The EEOC will guide you through the process of filing a complaint and what to expect as your case moves forward. Make sure you document any incidents of discrimination to strengthen your case.
You’re entitled to medical leave. That said, you should know what your options are and how best to navigate them.
The FMLA kicks in when you need job-protected leave. Per this law, employees should be allowed to take up to 12 weeks of unpaid leave per year for serious health conditions. However, your qualification will depend on whether you’ve met certain eligibility requirements. For instance, you must have worked at the company for at least 12 months and clocked 1,250 hours during that time.
FMLA provides unpaid leave, but some employers may also offer paid sick leave or short-term disability benefits. It is generally a good idea to check your employer's policy to understand what you may qualify for.
When you return to work after a health-related leave, nine times out of ten, you’re entitled to maintain your same position. But if there are any changes in circumstances, your new position should be something similar to your previous one, and with similar pay and benefits.
There’s also a chance that a rogue employee might violate your rights upon your return to work. For example, they may demote you or retaliate in one way or another. If that’s the case, you should consider speaking with an experienced employment attorney. That’s because, as we’ve seen throughout this article, the law protects your job and ensures you won’t face discrimination when you return.
Your state may also provide additional leave laws to further protect you. Some states offer paid sick leave while others may allow you to take longer job-protected leaves. Employers may also provide additional benefits such as paid time off (PTO).
No job is more important than your health and safety. Fortunately, you don’t need to choose one over the other; you can still have a fulfilling career without risking these two.
Occupational Safety and Health Act (OSHA) is a government agency whose job is to make sure that workplaces are free from dangerous conditions. This agency mandates employers to provide safe working environments by adhering to certain safety standards.
These standards include but are not limited to:
As an employee, you have the right to report unsafe conditions to OSHA without fear of retaliation. OSHA will then evaluate the complaint and determine how best to respond.
If you’ve suffered a workplace-related illness or injury, you may be eligible for workers’ compensation benefits. Workers’ comp is a type of insurance that provides medical benefits and, in some cases, compensation for lost wages to eligible workers. In order to qualify for these benefits, you should take the following steps:
Suppose your injury or illness isn’t covered by workers’ comp. In that case, you may still be able to file a personal injury claim. An experienced employment lawyer can help you evaluate your options to determine the best way forward.
If you're facing mental health challenges, you have the right to request accommodations. Simple things like flexible work hours or a quieter workspace can greatly improve your mental health. We’re living in an era where many employers are open to having conversations about mental health advocacy. This follows numerous studies linking workplace stress to an increasing number of mental health issues.
A 2022 study, for instance, revealed that more than 81% of employees admitted to experiencing mental health issues due to workplace stress. Self-advocacy can help ensure you receive the accommodations you need to perform your job effectively.
So what happens when your rights are violated in the workplace? Here are different ways to handle the situation.
First, you need to identify the violation. It could be a form of discrimination, retaliation, failure to provide accommodations, or anything along those lines.
Next, you should have some form of proof. Documentation is your best method here. Keep records of discriminatory comments, refusal to accommodate your needs, unsafe conditions, or any other evidence that could help prove your complaint.
The next step is to file a complaint. If it’s a case of workplace discrimination, that’s best handled by the EEOC. For workplace safety issues, reach out to OSHA. If your complaint isn't resolved to your satisfaction, you can decide to involve an attorney.
You’ve got a handful of resources to help you exercise your right to workplace health protections. Let’s take a quick look.
The ADA, FMLA, and OSHA websites are great for a start. They usually provide more information on protections available to you. You can also check out your state’s labor department if you’re looking for information or resources available to you locally.
Some nonprofits specialize in advocating for workers' rights. The National Disability Rights Network (NDRN) and Workplace Fairness, for example, are two great options. These advocacy organizations usually offer free resources and advice for employees facing health-related issues at work.
If you decide to take legal action, you can hire a pro bono attorney or search for affordable legal aid. Also, most employment lawyers work on a contingency basis. This means they don’t get paid unless you win.
When seeking the right attorney, make sure they’re experienced in handling employment-related cases. It’s also advisable to review their track record, particularly the number of cases won. A lawyer or law firm with a high success rate is usually better positioned to advocate for your best interests and obtain a favorable outcome.
Below, we’ll look at some examples of popular workplace violation cases and their outcomes.
In the summer of 2024, Dollar General agreed to pay a sum of $12 million in fines following workplace safety violations across its more than 20,000 stores nationwide. Among other things, OSHA instructed the retail giant to:
In February 2019, a construction worker was partially paralyzed after falling off a roof he was working on. Investigations revealed that the accident could have been avoided and the employee provided proper supervision and safety enforcement. The employer agreed to settle the case for $6.6 million.
The key takeaway from these stories is that you have rights that need protection. If your employer isn’t willing to protect you, seeking legal action is always an option.
We’ve covered the essentials of workplace protections available to employees dealing with health issues. Knowing how these protections come into play, and when, can help you figure out what to do if you get injured or fall sick in the workplace.
Remember, this knowledge shouldn’t end with you. You can always share this guide with your colleagues or family members who may need it. The more they know, the more informed and empowered they’ll be.