b'blocks of time off rather than a straight 12-weekemployer will not negate the right of the absence. For example, an eligible individualcovered employee to be granted leave.living with MS may choose to take off a monthDaround the administration of a disease- Dooccuummeennttaattiioonniisskkeeyymodifying drug twice a year, and under FMLA,Once you have determined what kind of that individual would be protected in doing so.leave or accommodations will help you S continue to work, get your documents organized Siittuuaattiioonnaallaannaallyyssiiss before paying a visit to your human resources Okay, so youre a covered individual underdepartment. Try to correctly organize and sort both the ADA and the FMLA, but how do youyour requests into ADA and FMLA protections proceed? How do you gure out what youandusetheproperterminologywhen need?Would days off help you, or is it a mattercompleting the required forms.of needing help completing your assignedWhile FMLA leave is limited to 12 weeks, job tasks? Or is it both? Start by analyzingno such limit exists for the ADA, so a covered your situation and considering your needs inemployeemayexhaustFMLAleaveand advance so you can properly request the legaltransition their leave under the ADA. Even protections necessary. under the ADA, though, it is important to Under the ADA, employers are required toprovide an estimated date of return to the providereasonableaccommodationstoemployer. Remember, too, that your employer disabled employees when the disability affectshas the right to request additional medical the employees ability to perform essentialinformation regarding your requests; therefore, functions of the job. Ask yourself what jobyou should provide appropriate documentation. modificationswouldhelpyouthemost,Regardless of what documentation you share whether it be improving accessibility in thewith your employer, your personal health workplace to accommodate you as a wheelchairinformation is protected, and your employer user or adjusting a work schedule to allow formust keep it condential.more frequent breaks, or anything else your unique situation requires. An employer is onlyWhile both federal laws aim to protect the required to provide reasonable accommodations;employmentofdisabledindividuals,they if your requested accommodation causes andiffer in reinstatement. Under the FMLA, a undue hardship on the employer, then youdisabled employee is entitled to return to the are not protected. same job or an equivalent position. In the What exactly constitutes as an undueevent that the employee is unable to return hardship to the employer is often case-specic,to the same job, however, the ADA allows for but common examples include eliminatingreassignment to a different job. the jobs core duties, creating a new positionPrior to the enactment of both these laws, just for the disabled employee, and loweringindividuals living with MS were vulnerable in quality standards in terms of expectations.the workplace and had limited rights. Dont The cost of the accommodation to the employerbe shy about asking for the legal protections isalsofactoredintothedeterminationofto which you are entitled. It may be the reasonableness of the accommodation underdifference between leaving your job too soon the ADA analysis. FMLA has no requirementor remaining employed until you are ready of reasonableness, and the burden to theto retire happily. 13 msfocusmagazine.org'