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Forced Medical Leave

Reasonable Accommodations

When you have a medical condition that makes it difficult or impossible to do the essential functions of your job, your employer is expected to make reasonable accommodations (when possible) to allow you to continue to do your work. These accommodations can include a modification of your job duties or they can change where and how you are expected to carry out your job responsibilities. For example, if you have been diagnosed with a severe anxiety disorder, you may be able to obtain an accommodation that allows you to work from home while you deal with your condition.

Improper Employer-Mandated Medical Leave

While many employers follow the rules regarding accommodations imposed on them under the Americans with Disabilities Act (ADA), some attempt to circumvent these rules by forcing their employees to take unpaid leave under the Family and Medical Leave Act (FMLA).

Often, these situations involve an employee reporting a condition or requesting an accommodation and the employer telling an employee to do his or her job without an accommodation or else quit. The employer then tells the employee to take FMLA leave while the employee makes his or her decision, even though the employee's condition may not require medical or disability leave. This type of conduct — failure to make a reasonable accommodation and forcing an employee to take FMLA leave when the circumstances do not call for it — is prohibited by both the ADA and FMLA.

If you have been forced to take medical leave by your employer, you should have a lawyer analyze your situation and determine whether your rights have been violated.

Experienced Counsel. Personal Service.

At the Law Offices of Kell A. Simon, I work with clients in Austin, Houston and Dallas and throughout Texas in a wide range of forced medical leave matters and other employment law cases. All of our clients work directly with Kell Simon, who is certified as a labor and employment law specialist by the Texas Board of Legal Specialization and who has spent more than 15 years fighting for the interests of his clients. I take the time to get to know you, assess the facts of your case and provide you with the honest, straightforward advice you deserve. Should your case require a trial, you gain the peace of mind that comes from knowing that an experienced trial attorney is handling your claim at all times.

Contact The Law Offices Of Kell A. Simon For A Free Consultation

Call us at 512-898-9019 or contact us online to schedule a free consultation and discuss your forced medical leave situation with Kell.