Q: What to do when employer refuses to communicate in regards to return to work with reasonable accommodations under ADA ?
VP/Manager of rebar instillation division of established steel company. I have been out on medical leave/work comp and have sustained an acute lumbar disc herniation which required surgery, due to this injury I will have permanent physical limitations which are now covered under the ADA act. My doctor has allowed a restricted return to work release in which I have forwarded to employer as well as their lawyer with suggested reasonable accommodations that would cost nothing nor interfere with my job description or performance. I have sent this request 2 times now over a 1 month period with absolutely no response from employer or counsel. I know they have received both emails which can be explained in more details if needed.
You likely have 12 weeks of job protected medical leave under the FMLA and then ant extended medical leave with job protection would be a disability accommodation under federal and state disability law. As you contend that your medical restrictions will permit you to perform the essential functions of your job, there needs to be a prompt flushing out of your employer’s responsive position, and then a good faith interactive dialogue.
Given the employer’s lack of response to two emails over a 30 day period and involvement by employer counsel, you may wish to obtain experienced NJ employment counsel to help get to a bottom line.
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