American InterContinental University

MGT 655- Employment Law

Unit 5: Individual Project

Instructor Jacob Carroll

Imagine you are a Human Resource manager for a large firm and that one of your employees has suffered a temporary disability. Answer the following questions:
  1. What laws apply to temporary disability at the workplace?
  2. Under what general circumstances is the employee entitled to benefits?
  3. What are those benefits and who administers them?

As a Human Resource Manager for a large firm it is my responsibility to stay educated about the laws that govern handling situations such as temporary disability of my employees. Before we get into what laws apply, we should first understand what a temporary disability is. Temporary disability refers to an injury or an event that happens on the job which is curable thus preventing one from working for a short period of time.
When an employee becomes temporary disabled there are three laws of which they are being protected by. The first one is the American with disabilities act (ADA) which protects the employee from being discriminated against and mandates the employer with 15 or more employees to provide reasonable accommodations for that employee with the temporary disability, which may include medical and disability leave and job function adjustments. The ADA does not require this leave but under reasonable accommodation leave may be the option. A temporary disability does not meet ADA requirements for disabled individuals.
The second federal law is the Family and Medical Leave Act (FMLA) which allows for an employee to take unpaid leave of up to 12 weeks for any medical situation. The employer with 50 employees or more may also ask the employee to take paid leave due to sick time or accrued PTO that has been accumulated. Usually for a temporary disability the employee is entitled to 3-5 sick days off depending on the benefits that are offered through...