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Think twice before firing employee who needs to take short disability leave

by on
in Discrimination and Harassment,Human Resources

Too many employers assume they can simply discharge a worker who isn’t yet eligible for FMLA leave, doesn’t have any other leave available and can’t work for a short period of time. That’s simply not always true.

If the employee qualifies as disabled under the ADA, he may be entitled to a short leave as a reasonable accommodation. You risk a lawsuit if you summarily terminate the employee and it turns out he is both disabled and would have been able to return to work following the requested leave.

Recent case: When Lamont was a young man, he injured one of his eyes and became partially blind. After recovering, he was able to work normally.

Lamont took a job with Dollar General, working the night shift in shipping and loading. Everyone agreed that he was an exemplary employee who worked hard despite his disability. He earned kudos for his initiative and tenacity.

But about five months after being hired, Lamont developed serio...(register to read more)

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{ 1 commentsῂ read them below or add one }

Brendan September 9, 2013 at 5:59 pm

“terminate the employee if he’s not ready to return by that date?” So it’s ok to terminate, as long as he is over his leave period, even when it’s still discrimination based on a health issue? Way to go at being a scumbag and teaching people how to LEGALLY discriminate.

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