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Multiple Sclerosis Employment Laws

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    • People who continue to work tend to suffer less depression.work image by Andrey Kiselev from Fotolia.com

      Multiple sclerosis (MS) affects the body's central nervous system. Many people who suffer from the chronic neurological disease continue to work after their diagnosis. Those who are able to continue working often have a more positive outlook on life. Employees with MS receive special protection from two laws: the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Employers can never discriminate against someone because of their diagnosis unless the medical condition makes it impossible for an employee to perform his job duties.

    Americans With Disabilities Act

    • The ADA is comprised of five titles to protect those with disabilities against discrimination. Title one prohibits employers from discriminating against job applicants because of a disability. Title two prohibits local and state governments from discriminating against the disabled in their programs and activities. Title three prohibits private companies who provide public accommodations from denying the disabled of services. Title four ensures that telecommunications devices are available for the speech and hearing impaired. Title five provides miscellaneous protections including alternative dispute regulation.

    Family and Medical Leave Act

    • The Family and Medical Leave Act allows those who have worked for a company for at least 12 months and 1,250 hours to take off up to 12 weeks in any 12-month period, if the employee has a serious medical condition. Employees are eligible for benefits during their time off but must continue to pay their portion. Employees can request time off for the birth or adoption of a child or to care for a sick family member.

      Employees must provide notice at least 30 days beforehand for foreseeable events.

    Informing Employers About MS

    • Prospective employees are not required to inform their interviewers about medical conditions. Interviewers are not legally allowed to ask questions about medical history. However, if an individual has been offered a job, an employer may ask questions about medical conditions as long as the employee asks all prospective employees about medical conditions. Once an employer employs a person he may only ask questions about health conditions if they are relevant to the work the employee completes. Employers may not randomly ask employees if they have medical conditions. All inquiries must be job-related and a business necessity.

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