Termination & Diability Rights

[acc]

What is the name of your state (only U.S. law)? TX
My fmla expired and I received notice from my employer to return to work otherwise I would be terminated. I have been diagnosed with a chronic condition. I am to start new treatments and I have asked my employer if I could use my available leave in half day increments to allow me to finish my treatments. I would still work half days. My employer is not willing to make these accomodations. Can they do this and do I have protection under the Americans with Disabilites Act?

 

[cbg]

We don't have enough information to say. Not all or even most situations where an employee has been out on FMLA, qualify them for ADA protection. Without more information about your medical condition, no one can say if you qualify for the ADA or not. Additionally, we have no way of knowing whether or not allowing you continuing leave would be "reasonable" in the specific situation or not.

It's not as cut and dried as you seem to appear. There are many variables that have to be factored in.

 

[commentator]

If they won't let you do the part time work thing, and you are released by your doctor to do at least some type of work, you can, if fired, file for unemployment benefits. Terminated while on sick leave will get you unemployment if you are a work related injury with any light duty availablility. But to get unemployment, you must always state you are able and available for work.

 

[fairisfair]

If they won't let you do the part time work thing, and you are released by your doctor to do at least some type of work, you can, if fired, file for unemployment benefits. Terminated while on sick leave will get you unemployment if you are a work related injury with any light duty availablility. But to get unemployment, you must always state you are able and available for work.

I don't see anywhere that the poster is asking about unemployment benefits.

 

[commentator]

No, actually the poster would like to hear that the employer cannot fire him or her in this situation, that they can sue and get their job back, that they have rights and protections against being put out of work due to illness after their FMLA (if they even have it in the first place) has run out.

That being said, unemployment insurance is the only recourse or support that most people in this situation are going to end up having. Why not suggest it, if I happen to want to and know about it? It is not a welfare, taxypayer draining evil handout program, it is an insurance created for people who lose their jobs through no fault of their own. That's what is happening to this person.

 

[acc]

Thank you all for your responses.
CBG- I have postherpectic neurlagia which resulted in nerve damage. I am not asking my employer to extend my leave, I am asking them to accomadate me with a somewhat flex schedule so I can finish treatments (thoracic injections.)
Commentator- Thank you. I fully intend to return to work, but I want to use my vacation days when I need to, in this case half days. Every employee at my company is entitled to use their availabe days whenever and for whatever reason. They are denying mine.