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Thread: FMLA and ADA

  1. #1
    Join Date
    Mar 2005

    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
    Join Date
    Nov 2001
    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.

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