Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.
Recent case: John Bialko worked for Quaker Oats as a forklift operator until he took 12 weeks offor anxiety and panic disorder. His doctors released him to work, but only 40 hours a week.
But the company required overtime. Since Bialko didn’t have anyleave left to cover the extra hours, the company refused to reinstate him. He sued under the ADA.
The court tossed out the case, explaining that Bialko wasn’t disabled. It said that the inability to work overtime doesn’t substantially limit the ability to work. (Bialko v. Quaker Oats, No. 3:CV-08-0364, MD PA, 2010)
- EEOC offers new guidance to avoid bias against employee/caregivers
- Know what qualifies as a legitimate reason to take FMLA leave
- Returning soldiers entitled to equivalent jobs, but not necessarily their old ones
- Court: Intermittent FMLA leave won't cover tardiness, bathroom breaks
- Stop FMLA moonlighters with strict 'no moonlighting on leave' policy