The Americans with Disabilities Act (ADA) requires your employer to provide reasonable accommodations for you to continue doing the essential functions of your job when you have a medical condition that makes it difficult or impossible to do so.
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.
Did Your Employer Force You To Take Medical Leave?
While many employers follow the laws regarding ADA accommodations, 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 the employee to do his or her job without an accommodation or 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 throughout Texas in a wide range of forced medical leave matters.
I work directly with all of my clients to understand their needs and the details of their employers’ actions. I have spent more than 20 years fighting for the interests of my 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. If litigation is the best path to take, I have the skills and experience to fight for your rights.