Q: Can my employer fire me for having to miss 4 weeks per Dr's orders? I had 2 strokes (I'm age 27). 8 months employed
Hello there, I am very curious about this. I have been with this company for over 8 months and I recently had 2 strokes. Spent 5 days in the ER and doctors administered every test under the sun to find the cause: 2 Brain MRIs, Chest X Ray, Spinal Tap, Testicular Sonogram, Throat Sonogram, Heart Sonogram, Leg Sonogram, etc. My company has just recently opened up again after a 10 week break during the COVID outbreak. Supposedly, if I had been there for a year, I would be granted this time for leave without any penalties but this "stay at home" order isn't by choice. It is per a Neurologists orders. I drive 90 miles one way to work and imagine if I had a stroke while driving, I'm 100% dead. Anyways, just seeking advice as they gave me an ultimatum to either come back to work or resign so I have to choose between my health and my job.
A: You may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. Employers who employ 15 or more people are subject to the ADA. The ADA generally requires employers to offer reasonable accommodations to their employees (in your case, an additional unpaid leave of absence and/or a work-from-home accommodation) if the employee requests this to accommodate a disability. However, the employer doesn't have to grant accommodation requests that are NOT reasonable. Employers can also refuse to provide accommodations if they can prove the accommodation would place an undue burden on the business (i.e. it would be too expensive or too impractical to implement). Either way, whether your accommodation request is granted should not be tied to your tenure with the company. The ADA requires employers to engage in an "interactive process" and work with you to find an accommodation that satisfies both parties.
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