Disability leave: Overview, definition, and example
What is disability leave?
Disability leave is time off from work that an employee takes due to a temporary or permanent disability that prevents them from performing their job duties. This leave can be paid or unpaid, depending on company policies, employment contracts, and applicable laws. It may be covered under government programs, insurance policies, or employer-sponsored disability benefits.
For example, an employee who suffers a serious injury in an accident may take disability leave to recover before returning to work.
Why is disability leave important?
Disability leave provides employees with financial and job security while they recover from a medical condition that prevents them from working. It ensures that workers aren’t forced to return before they’re medically able, reducing long-term health risks and workplace safety concerns.
For employers, offering disability leave helps maintain a supportive workplace, improves employee retention, and ensures compliance with labor laws and disability protection regulations. Many jurisdictions require employers to provide short-term or long-term disability leave under laws such as the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA) in the U.S.
Understanding disability leave through an example
Imagine an office employee is diagnosed with a serious medical condition requiring surgery and several months of recovery. Their employer provides disability leave, allowing them to take time off without losing their job. Depending on the company’s policy, they may receive partial or full pay through a disability benefits plan.
In another example, a construction worker injures their back on the job and is unable to perform physical labor. They apply for short-term disability leave, which provides income replacement for up to six months. If their condition doesn’t improve, they may transition to long-term disability benefits or seek workplace accommodations.
Example of a disability leave clause
Here’s how a disability leave clause might appear in a contract:
"Employees who are unable to perform their job duties due to a qualifying disability may take disability leave in accordance with the Company’s policies and applicable laws. Disability leave may be paid or unpaid and shall be subject to medical certification requirements as determined by the Company."
Conclusion
Disability leave ensures employees can recover from medical conditions without the risk of losing their job or income. It is an essential workplace policy that balances employee well-being with legal compliance and business continuity.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.