Educational Assistance Programme Employees With Disabilities In Massachusetts
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FAQ
To be covered under IDEA, a child with a disability must meet two criteria. First, the child must be in one of several categories of disabilities, and second, the child must require special education and related services as a result of the disability in order to benefit from public education.
The employer is only required to provide a reasonable accommodation to known disabilities (i.e. if the applicant or employee informs the employer of the disability, or if the disability is obvious). Moreover, if an accommodation would cause "undue hardship" <LINK> an employer is not legally required to provide it.
The Going and Coming Rule “It is generally held that where the employee has fixed hours of work and a fixed place of employment injuries going to and from work do not arise in the course of employment unless the employee is on the employer's premises.” See Locke, Mass. Practice, Workmen's Compensation, Section 262.
Massachusetts Office on Disability (MOD) The Massachusetts Office on Disability (MOD) provides information, guidance, and training on disability-related civil rights and architectural access.
No, Massachusetts doesn't have its own state disability program. Only five states have a state program (California, Hawaii, New Jersey, New York, and Rhode Island). Residents of Massachusetts can apply for federal disability programs (SSDI and SSI). Read more about SSDI and SSI here.
Disability Employment Tax Credit (DETC) Employers can claim a state tax credit of $5,000 or 30% of the first-year wages for qualified employees with disabilities after 12 months of continuous employment. In subsequent years, the credit is $2,000 or 30% of wages.
Summary. Massachusetts law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Employers must also provide pregnancy accommodations, protect whistleblowers and give employees to access their personnel files. See EEO, Diversity and Employee Relations.
The Americans with Disabilities Act of 1990 ("ADA") is the federal law which prohibits discrimination against persons with disabilities. The Massachusetts employment discrimination law is Chapter 151B of the Massachusetts General Laws.
Work Without Limits is an initiative of ForHealth Consulting, the consulting and operations division of UMass Chan Medical School. Our goal is to position Massachusetts as the first state in the nation where the employment rate of people with disabilities is equal to people without disabilities.
