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.
A: 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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