For people with migraine to qualify as a disability, an individual assessment will take into account: The determination comes on a case by case basis for each individual. Some migraines may qualify as a disability under the Americans with Disabilities Act (ADA). Are Migraines Covered Under the Americans with Disabilities Act? Or employees missing work due to migraines, they are more likely to end up taking a day here or there as needed for FMLA leave. Employees can take the 12 weeks of unpaid leave all at once or broken up into smaller chunks of time, and they don’t have to use it all. However the FMLA is not paid time off from the company. If you have an employee with migraines who is taking a lot of sick time for chronic migraine issues, they should consider getting onto FMLA. This protects their employment status as well as their health insurance benefits. One very important thing employers should note is that the Family and Medical Leave Act (FMLA) can be used by migraine sufferers. FMLA leave allows certain employees to take up to 12 weeks of unpaid leave in a 12 month period for a serious health condition, including a migraine and other serious health conditions. Can An Employee With a Chronic Migraine Use Family Medical Leave Act? In some cases, as it is of this writing, a migraine is a medical condition that would qualify as a disability. According to employment law and the federal government, though, migraines count as a serious illness. The stigma of calling in “just for a headache” keeps many employees from seeking treatment or being honest about why they can’t make it in. 38% of surveyed supervisors said migraines weren’t always a justifiable reason to call in sick to work. That may be surprising news to some employers. See Light Filters to Prevent Migraines Migraine Attacks and Employment RightsĮmployees with migraines have the same protection that an employee with another major illness or disability would have. Light covers that solve lighting headaches & migraines.
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