The Illinois ADA Project at Equip for Equality

Your Resource for Americans with Disability Act (ADA) Information

Employment Issues; The Relationship Between:

• The Illinois Worker's Compensation Act
• The Americans with Disabilities Act (ADA)
• The Family Medical Leave Act (FMLA)

	Illinois Worker's Compensation Act	ADA - Title I (Employment)	FMLA
Protected Employees	An employee injured in the "scope" and "course of employment." Only under Worker's Compensation is the origin of the illness, injury, disability, or health condition relevant.	A "qualified" individual with a "physical or mental impairment that substantially limits one or more major life activities." An individual who is "regarded as" having a disability or with a "record of" a disability	An individual who has worked for 12 months and 1270 for an employer with more than 50 employees.
Covered Employers	All Illinois employers of any size or out of state employers who enter into an employment contract in Illinois.	Employers with 15+ employees All state and local governments (Note: State & local laws cover all employers)	Employers with 50+ employees
Rights of Employees	To have the employer pay for medical treatment of the employee's choosing (limited to 2 choices & referrals) To receive 2/3 of their salary while unable to work. (If off for more than 3 days. Called TTD - Temporary Total Disability benefits) If released for "light duty" by their doctor to be given a job with the appropriate restrictions. If a "light duty" job is not available, the person should not work and receive TTD benefits. Compensation for a Permanent Partial Disability (PPD) after reaching Maximum Medical Improvement (MMI)	Does not have to disclose a disability unless a reasonable accommodation is sought To be given reasonable accommodations at the employer's expense To be involved in the "interactive process" to determine an "effective" accommodation" To have "non-essential job functions" reassigned if necessary Confidentiality of medical conditions Be free from discrimination and harassment	12 weeks of leave, (usually unpaid), for the birth or adoption of a child or to care for themselves or a family member with a "serious health condition." Retention of medical and other benefits Job protection when returning to work (Note: The 12 weeks of leave may be extended as a reasonable accommodation under the ADA).
Rights of Employers	To have employee examined by the employer's doctor for an Independent Medical Evaluation (IME) To have the employee follow medical recommendations	To receive medical documentation of the disability and need for the accommodation To select an "effective accommodation" To require the employee to meet production standards To refuse accommodations that are an "undue hardship involving significant difficulty or expense" To refuse to hire or accommodate a person who is "direct threat to the health and safety of themselves or others." To have employees be "qualified" to perform the "essential job functions with or without a reasonable accommodation	12 weeks of leave, (usually unpaid), for the birth or adoption of a child or to care for themselves or a family member with a "serious health condition." Retention of medical and other benefits Job protection when returning to work (Note: The 12 weeks of leave may be extended as a reasonable accommodation under the ADA).
Duties of Employee	To receive appropriate medical treatment To be examined by the employer's doctor for an IME.	When a "reasonable accommodation" is requested, the employee must provide medical documentation of the disability and need for the accommodation	To provide medical documentation of the need for FMLA leave
Duties of Employers	To pay for "reasonable and necessary" medical treatment To pay TTD and PPD Benefits	To engage in the "interactive process" when a "reasonable accommodation" is requested To provide an effective reasonable accommodation	To grant leave to qualified employees To maintain benefits and an open position during FMLA leave
Where to file a Claim, Charge, or Complaint	The Illinois Industrial Commission	ADA claims are filed at The EEOC (Equal Employment Opportunity Commission). State claims are filed at the Illinois Dept. of Human Rights; Chicago claims at the Chicago Human Relations Commission.	Department of Labor

DO YOU HAVE A QUESTION?

ContactThe Illinois ADA Project at Equip for Equality(at no charge):

1-800-537-2632(voice) or 1-800-610-2779 (TTY)

contactus@equipforequality.org • www.equipforequality.org

Breaking Down Barriers to Understanding the ADA

This resource material is intended as a guide and does not constitute legal advice.

For specific legal advice, an attorney should be consulted.