• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Inability to work overtime doesn’t constitute disability

by on
in FMLA Guidelines,Human Resources

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 of FMLA leave for 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 any FMLA leave 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)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11646/inability-to-work-overtime-doesnt-constitute-disability "

Leave a Comment