When may your employer terminate you for a disability?

On Behalf of | Mar 24, 2021 | Firm News |

You hurt yourself recently, either at work or off the clock. Either way, your doctor deemed you temporarily disabled and wants you to take time off work. Could you lose your job while recovering? 

Chron breaks down scenarios in which companies may fire injured workers. Understand your rights so you may protect your rights. 

The Americans with Disabilities Act

If you become disabled but may work in a reduced or modified capacity, your employer must accommodate your new mental and physical capabilities under the Americans with Disabilities Act. Examples of such accommodations include shifting your work schedule, providing you with mobility aid access and modifying your workstation. 

The federal act does not apply to companies with fewer than 15 employees, nor does the act stand if the requested accommodation becomes an extreme burden for the employer. In either scenario, an injured employee may face termination. 

The Family and Medical Leave Act

If your company employs at least 50 employees, it must abide by the Family and Medical Leave Act. Under the act, you may go on unpaid leave while tending to your injuries. When you return, your employer must offer you either your original position or a proportionate position. The act only stands for 12 weeks. If you take off for 12 weeks and a single day, your employer reserves the right to terminate you for excessive absenteeism.  

Just as you have your rights as an employee, companies have their rights as employers. By learning more about both sides of the personal injury and workers’ compensation equation, you better understand your legal options and how to build a strong case.