Stroke Victims: Job Security After A Medical Crisis

A stroke can have a significant impact on one's ability to work and can result in long-term absence or even permanent departure from one's job. While the physical side effects of a stroke are apparent, such as difficulties in speaking, walking, or using one's body, the emotional and cognitive problems that arise can also hinder one's ability to perform at work. In the event of a stroke, understanding your rights as an employee is crucial. In most cases, employers are prohibited from discriminating against employees based on their disabilities or health conditions, and they are legally obligated to provide reasonable accommodations to ensure employees can continue working. However, it is important to be proactive in communicating your needs and staying in contact with your employer throughout your recovery process.

• Changing work times or transferring to another post.
• Providing specialist equipment.
• Reducing working hours.
• Allowing time off for medical appointments. | | What if my employer fails to make reasonable accommodations? | If your employer fails to make reasonable accommodations, you may be able to bring a claim for unfair dismissal. It is recommended to seek professional advice and legal assistance in such situations. |

What is the legal definition of a disability?

The definition of "disability" varies depending on the purpose for which it is being used. In the UK, the legal definition of a disability is a physical and/or mental impairment that has a substantial and long-term effect on your ability to carry out daily activities. This includes the emotional and cognitive problems that can arise after a stroke.

In the US, federal and state agencies generally use a definition that is specific to a particular program or service. For example, for purposes of nondiscrimination laws, such as the Americans with Disabilities Act (ADA), a person with a disability is generally defined as someone who:

• Has a physical or mental impairment that substantially limits one or more "major life activities"
• Has a record of such an impairment
• Is regarded as having such an impairment

The ADA's definition of disability is a legal term rather than a medical one, and it is different from how disability is defined under some other laws, such as for Social Security Disability-related benefits. The ADA does not specifically name all of the impairments that are covered.

What are my rights at work?

In the UK

If you have had a stroke, your employer is not allowed to discriminate against you for any disabilities you have (related to your stroke or otherwise). The Equality Act 2010 exists to protect people from all types of discrimination, including disability-based discrimination. It covers many areas of life, including work, travel, and access to services.

The legal definition of a disability in the UK is a physical and/or mental impairment that has a substantial and long-term effect on your ability to carry out daily activities. This includes the emotional and cognitive problems you might have after a stroke.

The Equality Act 2010 states that a disability should not stop someone from working or having the same rights and access to opportunities as other people. Employers have a duty to make 'reasonable adjustments' for employees who are disabled. A reasonable adjustment is a change to the workplace or the way a disabled person does their job in order to allow them to work. This may mean changing work times, transferring to another post, or providing specialist equipment to help with certain tasks.

Reasonable adjustments do not have to be expensive or complicated. It's about looking at the barriers a person is experiencing and thinking creatively about removing them. Employers cannot ask the disabled person to meet the cost of any reasonable adjustments.

Examples of reasonable adjustments include:

• Getting more time to complete tasks
• Getting help from a support worker
• Changing the time you start and finish work to avoid rush hour travel
• Changing tasks to suit what a person can do
• Changing targets or getting support from other colleagues to meet targets
• Reducing working hours
• Being allowed to take time off to attend hospital appointments
• Regular meetings with your manager to see how the tasks are going
• Working in a quieter office
• Having help from an occupational health team

If you feel you are not getting the reasonable adjustments or other support you need at work, try to get some individual advice. Speak to a trade union representative if you have one. If not, Acas can help with work-related disputes.

In the US

The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against employees based on mental or physical impairments (commonly known as disabilities) that significantly restrict major life functions. The ADA laws can sometimes also apply to non-disability medical conditions.

The Family and Medical Leave Act (FMLA) is a federal law that requires companies to allow medical leave to covered employees under certain circumstances. Eligible employees may receive unpaid, job-protected, and health insurance-protected leave for 12 workweeks during a 12-month period. Covered conditions include the birth and care of a newborn or adopted child, a serious health condition, and caring for a child, spouse, or parent with a serious health condition.

If the employee can return to work but needs a reasonable accommodation (like a handicapped-accessible washroom) and the employer does not provide it, this is against the law. However, if the worker does not return to work after the employer provided the accommodation or after their FMLA leave is finished, the employment might be legally terminated.

In addition to complying with federal and state laws, employers also have to follow their own policies when dealing with injured and ill employees. If there is a disability insurance policy in place, the employee may be able to receive cash benefits if they are unable to work, but usually without job protection.

If you feel your rights have been violated, you should familiarize yourself with your rights and seek professional advice.

What are reasonable adjustments?

In the UK, the Equality Act 2010 states that a disability should not prevent someone from working or having the same rights and access to opportunities as other people. Under this act, employers have a duty to make 'reasonable adjustments' for employees who are disabled.

Reasonable adjustments are changes to the workplace or the way a disabled person does their job to allow them to work without disadvantage. These changes can include:

• Changing work times or transferring to another post
• Providing specialist equipment to help with certain tasks
• Getting more time to complete tasks
• Getting help from a support worker
• Changing the time an employee starts and finishes work to avoid rush hour travel
• Changing tasks to suit what a person can do
• Changing targets or getting support from colleagues to meet targets
• Reducing working hours
• Allowing time off for hospital appointments
• Regular meetings with a manager to review the tasks set
• Working in a quieter office
• Having help from an occupational health team

Reasonable adjustments do not have to be expensive or complicated. It's about identifying the barriers a person is experiencing and thinking creatively about removing them. For example, ergonomic and adjustable office chairs, keyboards, and mice can help with physical challenges such as one-sided weaknesses. Employers cannot ask employees to pay for any reasonable adjustments and should allow time to make sure adjustments can be made before an employee returns to work.

What are the signs of an employer behaving unlawfully?

In the US, laws protect employee rights in the workplace, and there are things employers cannot legally do. Here are some signs of an employer behaving unlawfully:

• Asking prohibited questions during the recruitment process: In most cases, employers can't ask about certain factors during the interview process, and these questions must be absent from job applications. These include age, marital status, religion, and plans to become pregnant, among other things.
• Forbidding salary discussions with co-workers: Employers cannot prohibit employees from discussing their salary or benefits, as this can be seen as an illegal attempt to prevent workers from organizing or unionizing.
• Not paying overtime or minimum wage: The Fair Labor Standards Act requires employers to pay nonexempt employees overtime pay when they work more than 40 hours in a single workweek. Additionally, hourly pay must meet minimum wage standards, which vary across states and cities.
• Discriminating against workers: Discrimination against workers on the basis of race, colour, religion, sex, national origin, age, disability, and genetic information is prohibited. Employment decisions such as hiring, setting compensation, and awarding promotions should not be based on these factors, known as protected classes.
• Retaliating against whistleblowers: Employers cannot take negative action against employees who report illegal activity in the workplace. This includes firing or disciplining a worker who complains about unlawful or unethical conduct.
• Ignoring a hostile workplace: Employers are obligated to ensure a safe work environment and appropriately handle employee complaints. This includes addressing harassing behaviour, such as sending inappropriate messages outside of business hours.

If you suspect your employer of behaving unlawfully, it is important to gather the facts, know your rights, and report it to the appropriate person or government agency. You may also seek advice from a solicitor, trade union, or organisations like Acas or Citizens Advice.

What are my options if I can't return to work?

If you are unable to return to work after a stroke, there are several options available to you. Firstly, it is important to understand your rights as an employee. In many countries, disability discrimination is illegal, and employers are required to make reasonable adjustments to accommodate employees with disabilities. This includes providing specialist equipment, changing work times, or transferring you to a different role within the company.

If you are unable to return to your previous role, even with reasonable adjustments, you may want to consider alternative employment options. This could involve changing careers or seeking out employers who are more accommodating of your needs. You can also look into government schemes and support services that can help you find a new job or provide financial assistance during this transition. For example, the Jobcentre Plus in the UK offers one-to-one support and training to help individuals with disabilities find employment.

If you are unable to work at all, you may be eligible for long-term disability benefits or other forms of financial support. These benefits can provide much-needed assistance during your recovery and help relieve some of the financial burdens associated with your stroke. It is important to remember that there is no shame in claiming these benefits, as they are designed to support individuals in your situation.

Additionally, you may want to explore the option of early retirement or medical retirement, depending on your age and eligibility. This option may provide you with financial stability and allow you to focus on your recovery without the stress of returning to work.

Finally, if you feel that your employer has treated you unfairly or has not made reasonable adjustments, you may have grounds for an unfair dismissal claim. It is important to seek professional legal advice if you believe your employer has acted unlawfully. Remember, each person's recovery from a stroke is unique, so take the time to evaluate your options and choose the path that is best for your circumstances.

Frequently asked questions