epilepsy related issue, possible termination

[cbt21]

What is the name of your state? Maryland



My husband is currently employed as a traveling college admissions counselor. He has been with the office for 2 years, the first as a independet contractor, and the second as a full ti me benifited employee. A substatial part of the fall is spent travelling to in and out of state high schools recruiting. The rest of the year is spent making admissions decisions and negotiating financial aid. It is a extremely high stress job with long hours (up to 70 a week during the peak times). This high stress has brought about 3 grand maul seizures (at home) during the past 8 months. In April he was diagnosed with epilepsy and while the neurologist can't pinpoint a direct cause he thinks extreme stress has brought on the condition.

My husband is currently on medication and has not had a seizure since he was medicated. However he is unable to drive (doctors orders for 6 months- the state is also currently reviewing his case) in all likelyhood he will be driving by mid fall.

The inability to drive unfortunately makes it impossible to recruit students, and currently we do not have a concrete idea of when driving can start again but It could be soon or could not... it's tied up in the state red tape. My husband has informed his HR office and employer of this in May. In June they informed him that because he can't drive they will be looking for someone else his position. Beyond this situation he has excelled at his job, increased admission numbers in his region and does a superhuman amout of work. Seeing the potential problem he would like to switch to another department of the college, it is a large specicality school with a number of positions he is qualified for.


I guess my questions are these....

Can they terminate his employment due to a inability to drive for an unspecified amount of time?

What are his rights in this situation?

Where does reasonable accomodation fit into this?

Is he elegible for FMLA, or disability leave?

What happens to our health isurance?


Any input would be appreciated! Thanks.

 

[rmet4nzkx]

If he is qualified, FMLA would apply for up to 12 weeks but he has to apply, this is unpaid time but may be covered by other sources such as sick or disability.

If the doctor believes it is work related, he may be eligible for worker's comp but it may be difficult to prove because adult onsett epilepsy may be triggered by a number of things from medications, old head injuries, medical conditions, flickering computers/lights and so on, however, stress could be enough, in which case workers comp rules would take over.

ADA would apply, however he must apply for reasonable accommodaitons through the college's ADA coordinator, this may allow for transfer to a position that doesn't require driving if he is otherwise eligible, he can't displace another worker or be given preference to an opening for which he isn't qualfied.

Disability advocacy groups can be of great assistance in connecting up with your local resources.

Disability has a different set of qualifications here are some links:
ADA Home Page - ada.gov - Information and Technical Assistance
Federal Resources. US Department of Justice. Americans with Disabilities Act. ADA HOME PAGE. What's New Updated August 5, 2004. ... ADA Publications.
http://www.usdoj.gov/crt/ada/adahom1.htm

US Department of Labor: Compliance Assistance: Family and Medical
The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid leave and continued health coverage to employees in a 12 ...
http://www.dol.gov/esa/whd/fmla/


MCIL_mosaic Independent Living. Serving Baltimore, Maryland and surrounding region. ... responsibilities as MCIL's Assistant Director and head of the Benefits Resources program. http://www.mcil-md.org/

 

[Beth3]

Can they terminate his employment due to a inability to drive for an unspecified amount of time? Yes, after any statutory leave time is exhausted.

What are his rights in this situation? It appears he's entitled to 12 weeks of leave under the FMLA.

Where does reasonable accomodation fit into this? That would mean your husband and the employer entering into an inter-active dialog to determine whether there were any reasonable accommodations that could be made that would allow him to still continue to perform the essential functions of the job. It appears driving is an essential function and the only accommodation I can think of is for the company to hire a driver for him - which almost certainly would not be considered a "reasonable" accommodation due to the expense.

Is he elegible for FMLA, or disability leave? That's an apples and oranges question. Yes, I expect he is eligible for 12 weeks of leave under the FMLA. If the college offers a disability income benefit that your husband is enrolled in, he should make a claim at whatever point his salary is discontinued.

What happens to our health isurance? Under the FMLA, the school must continue it for 12 weeks. If your husband makes a premium contribution off his paycheck, they can require him to continue doing so. After 12 weeks, the school has no obligation to continue it further and they can cancel and offer continuation through COBRA reg's if they wish to.

What I suggest your husband do is to be talking with his boss and discussing interim options. If he can't drive, with his experience and knowledge is there something he CAN do (doctor permitting) in the interim that would be advantageous to the school: phone interviews with students, finding new sources of funding, applying for scholarships and grants for the school, whatever.

The very best thing your husband can be doing right now is dialoging with his employer and seeing if they're willing and able to work through this with him.