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FMLA
The Family Medical Leave Act of 1993 (FMLA) applies to private sector employers with 50 or more employees within 75 miles of the work site. Eligible employees may take leave for serious health conditions or to provide care for an immediate family member with a serious health condition—including HIV/AIDS. Eligible employees are entitled to a total of 12 weeks of job-protected, unpaid leave during any 12-month period.
During this leave, an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work.
Upon return from leave, the law generally requires that employees be restored to the same or an equivalent position with equivalent pay, benefits, and working conditions.
In order for individuals with HIV or AIDS to invoke FMLA protection, the disclosure of medical information to the employer may be required. Employers are not required to provide unpaid medical leave under FMLA if they are not informed that a disability or serious health condition exists.
If an employee makes an employer aware of his or her AIDS or HIV infection, laws such as the ADA require that information to be held in strict confidence.
Unpaid leaves of absence in addition to leave under the FMLA (or for employees covered by the ADA but not necessarily eligible under FMLA) may also be required as a "reasonable accommodation" under the ADA.
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