+ Reply to Thread
Results 1 to 2 of 2

Thread: FMLA and ADA

  1. #1
    gog8tors is offline Junior Member
    Join Date
    Mar 2005
    Posts
    2

    Arrow FMLA and ADA

    What is the name of your state? Florida

    A co-worker qualified for and went on family leave due to a sciatic nerve condition which caused severe back and leg pain. As she approached her 12th week of FMLA she informed our manager that she wanted to return to work but her doctor would only give her a limited release for "light duty" work. The manager informed her that company policy allowed for "light duty" only in cases involving on the job injury. Does her medical condition qualify as a disability and if so would the Americans with Disabilities Act take priority over company policy? As a result of not being allowed to return to work in a "light duty" capacity, the two weeks following her FMLA was designated as accountable absences and she has been given notice that any further absences within the next 18 months will result in termination.
  2. #2
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,055
    We do not have anywhere near enough information to say whether or not her condition would qualify under the ADA or not. However, even assuming that it does, her company is not required to create a position for her. If they do not have any light duty jobs available within her restrictions they are under no legal obligation to make one up for her.

    FMLA and the ADA are two entirely different laws, which serve two entirely different purposes and have two entirely different elibility requirements. While they occasionally overlap, by no means all conditions which qualify for FMLA also qualify for the ADA, and vice versa.

Similar Threads

  1. PTO and FMLA
    By goddessoflubboc in forum Wage & Salary Issues
    Replies: 5
    Last Post: 12-29-2009, 04:38 PM
  2. fmla
    By grinaz in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 02-16-2009, 05:17 PM
  3. fmla
    By scouch77 in forum Fringe Benefits
    Replies: 2
    Last Post: 11-24-2008, 12:42 PM
  4. Fmla
    By Pearl7 in forum Job Discrimination and Harassment
    Replies: 3
    Last Post: 02-28-2005, 12:44 PM
  5. Fmla
    By Joel K. Harris in forum Hiring, Firing & Wrongful Termination
    Replies: 8
    Last Post: 07-08-2003, 07:33 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.