Disability in Oklahoma
While some states do not allow temporary disability, Oklahoma does have a program for those who will only be disabled for a short amount of time. Long term disability is designed to assist an individual in living with a disability for the rest of their life. However, short term disability is a bit different.
Long Term Disability
The requirements for long term disability are that the medically determined condition must last for over a year and must impede your ability to do your job or any other job. As with disability in most states, being eligible for long term disability can mean being eligible for a number of different services in addition to financial support. An individual with a disability in Oklahoma may be eligible for transportation, home health care, assisted living, and more depending on their income, resources, and the type of disability they have.
Short Term Disability
Short term disability in Oklahoma is a completely different matter than long term. For one, sometimes it’s offered by employers as part of their health insurance package, and sometimes it is not. If it’s not, then you’ll have to file for short term disability under the Oklahoma Short Term Disability Laws. These laws are based on the federal requirements that cover works for injuries occurred while not at work (for on the job injuries, worker’s compensation laws will cover an individual). Oklahoma law follows both the Family Medical Leave Act and Americans with Disabilities Act.
As outlined by the Family Medical Leave Act, an Oklahoma employee who is injured off the job is protected while they are unable to work. The law states that the individual’s employer may not fire them while they are on medical leave. There are two important criteria here: one is that the individual must have worked for the company for at least one year. The second is that the individual must not fall under the list of key employees, or employees necessary for the company to operate. A list of these employees is listed under the Oklahoma Short Term Disability Laws. Note that medical leave only protects a person’s job—it does not guarantee they will be paid while on leave.
Under the Americans with Disabilities Act, employers must make certain arrangements with anyone on temporary disability. This includes providing access to the building and allowing time off for medical appointments and rehabilitation.