It's important to remember that some conditions that cause significant pain or discomfort are not considered workplace disabilities under ADA/FEHA, and therefore suffering from such a condition does not entitle an employee to certain disabled workers rights, such as the right to reasonable accommodations and disability leave (although an employer might choose to grant those rights pursuant to its own policies or as a courtesy to the employee who is having that illness).
Generally, "disability" does not include conditions that are mild, which do not limit a major activity, as determined on a case by case basis. These excluded conditions have little or no residual effects, such as the common cold; seasonal or common influenza; minor cuts, sprains, muscle aches, soreness, bruises or abrasions; non-migraine headaches, and minor and non-chronic gastrointenstinal disorders. 2 CCR section 11065(d)(9)(B). By contrast, the regulations define "disability" to "include ... deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, cerebral palsy, and chronic or episodic conditions such as HIV / AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis and heart disease.
One common mistake that employees make when requesting medical leave is only disclosing the symptoms but not the underlying condition to the employer, thereby not putting the employer on notice of their disability. There is a big difference between telling the employer that you need time off because you have been coughing vs informing the employer that you need time off because of cough caused by an asthma attack.
Generally, "disability" does not include conditions that are mild, which do not limit a major activity, as determined on a case by case basis. These excluded conditions have little or no residual effects, such as the common cold; seasonal or common influenza; minor cuts, sprains, muscle aches, soreness, bruises or abrasions; non-migraine headaches, and minor and non-chronic gastrointenstinal disorders. 2 CCR section 11065(d)(9)(B). By contrast, the regulations define "disability" to "include ... deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, cerebral palsy, and chronic or episodic conditions such as HIV / AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis and heart disease.
One common mistake that employees make when requesting medical leave is only disclosing the symptoms but not the underlying condition to the employer, thereby not putting the employer on notice of their disability. There is a big difference between telling the employer that you need time off because you have been coughing vs informing the employer that you need time off because of cough caused by an asthma attack.
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