• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Unable to work, ineligible for FMLA? You may be able to fire

by on
in Discrimination and Harassment,FMLA Guidelines,HR Management,Human Resources

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs.

Recent case: Doudou Janneh worked for a movie theater and became ill. He missed work, and his wife gave the theater a doctor’s excuse. HR determined that he wasn’t eligible for FMLA leave, and he was terminated.

Janneh sued, alleging disability discrimination. The State Division of Human Rights found the employer guilty even though Janneh couldn’t return to work for over a year.

The New York Supreme Court reversed, concluding that someone who is so incapacitated they cannot work can be discharged. (In re Regal v. New York State Division of Human Rights, No. 505659, Supreme Court of New York, Appellate Division, 2009)

Final note:
Under the ADA, disabled employees may be entitled to a short leave as an accommodation.

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/9372/unable-to-work-ineligible-for-fmla-you-may-be-able-to-fire "

Leave a Comment