Migraines and the ADA

Catbert Evil HR Director

I don't have time to do the research as it's "I needed this answer yesterday even though I'm asking the question today." Employees with documented (medically) migraines that cause absence from work - are they protected under the ADA? Our company does not fall under FMLA, so we are only worrying about the ADA if we take disciplinary action. She's in ther first 90 days and has already missed 3 days of work due to migraines.
Thanks!
Liz

Whirlwind

Liz,

I think the reason you haven't gotten a speedy reply is that -- to my knowledge -- there's no absolute answer that will apply in all cases of migraines. Some are more severe, some are more frequent, and some are more easily controlled by meds, depending on the individual patient. The definition of a disability under ADA is a physical or mental impairment that substantially limits the ability to perform one or more major life functions. To make the ADA determination here, you will probably need input from her physician to determine whether her migraines meet that definition.

Meanwhile, I believe migraines have been addressed in previous threads here on the forum, so you might want to do a search.

Whirlbert