Cannot Travel After Heart Attack

[predsfan5150]

I am just coming off of STD for a heart attack. I have been told that I am not allowed to travel for one year. While travel is necessary periodically, it is not a key component of my job. I do not believe it is listed as required in my job description. Can my employer fire me if I have a doctor's note stating travel is not allowed for one year? Company is based out of CT, but I live and work in TN.

 

[justalayman]

In one sentence you say travel is necessary, in the next you say it is not a key component of your job.


Either you need to travel to be able to perform your work or you don’t: which is it?


And if you can’t travel, how do you get to and from work?

 

[quincy]

Has your employer given you any indication that your job is in jeopardy?

 

[justalayman]

Why do you need to travel? Is it possible to perform the essential functions of your job without traveling?

 

[xylene]

I have been told that I am not allowed to travel for one year

Who told you this?

How ill are you? This is a very serious restriction. Are you really well enough for work?

 

[cbg]

I think you can see that far more information is needed before anyone can give you anything like an informed opinion. Some of the questions I have are:

How big an employer is this?
Is travel an essential function of your job?
How much travel are we talking about?
What kind of travel is restricted? All travel, to include trains and busses? Air travel only? Travel of only x miles or more? Overnight travel?
How long were you on STD?

 

[predsfan5150]

"necessarily periodically" =a few times a year, hence not being a "key component" of my jobs. If I am working in my home state 40 out of 52 weeks of the year, it is not the largest part, but is required.

How big employer? Top 15 in the world

Travel is to inspect sites, which can't be done over the phone

I was on STD for 2.5 months due to triple bypass. Doc doesn't want me on a plane because during the first year, many things can go wrong with bypasses and if you need quick medical attention, stuck on a plane is not the best place to be.

 

[quincy]

"necessarily periodically" =a few times a year, hence not being a "key component" of my jobs. If I am working in my home state 40 out of 52 weeks of the year, it is not the largest part, but is required.

How big employer? Top 15 in the world

Travel is to inspect sites, which can't be done over the phone

I was on STD for 2.5 months due to triple bypass. Doc doesn't want me on a plane because during the first year, many things can go wrong with bypasses and if you need quick medical attention, stuck on a plane is not the best place to be.

Does your employer know of your restrictions? If so, what has your employer said about accommodating you during the period of time when restrictions are necessary?

 

[predsfan5150]

Does your employer know of your restrictions? If so, what has your employer said about accommodating you during the period of time where restrictions are necessary?

I have not returned yet. I will be this week. I am just kinda paranoid right now and just wondering...

 

[quincy]

I have not returned yet. I will be this week. I am just kinda paranoid right now and just wondering...

Is there anyone else who can do the onsite inspections or are you the only one currently employed who can do these inspections?

 

[predsfan5150]

Is there anyone else who can do the onsite inspections or are you the only one currently employed who can do these inspections?

4 others on the team can do them. It will just add extra work to them.

Does it help that my job description I signed never mentions travel?

 

[cbg]

Are there other people who inspect sites? Are you able to do your job if someone else does the site inspection? How far away are these sites? Has your doctor prohibited train or automobile travel?

I'm going somewhere specific with this. I have a particular law in mind but I can't tell yet if it applies or not.

 

[predsfan5150]

Are there other people who inspect sites? Are you able to do your job if someone else does the site inspection? How far away are these sites? Has your doctor prohibited train or automobile travel?

I'm going somewhere specific with this. I have a particular law in mind but I can't tell yet if it applies or not.

Yes - four others can do the job, but requires more work on their part.

Has not mentioned train travel, but guessing it is similar since they can't just always stop the train. Specifically mentioned auto is ok. But, I believe our company policy is that if the destination is over 6 hours drive, you must fly. Many are 20 hours drive or more.

 

[quincy]

Yes - four others can do the job, but requires more work on their part.

Has not mentioned train travel, but guessing it is similar since they can't just always stop the train. Specifically mentioned auto is ok. But, I believe our company policy is that if the destination is over 6 hours drive, you must fly. Many are 20 hours drive or more.

You will need to discuss with your employer what (temporary) adjustments you will need. If the accommodations you request are not unreasonable, or burdensome for your employer, there is a good chance your employer will work with you to eliminate the out of state travel until you are cleared by your doctor.

You could contact the Job Accommodation Network (JAN) if you have questions about what you can expect from your employer. JAN is a service provided by the Federal Department of Labor. https://askjan.org

 

[cbg]

At this point I wouldn't be guessing. It may be that they can send you by train or auto to the locations that are closer and others to the ones that are further away. There may be other accommodations that can be made.

It's questionable if the law I'm thinking of applies because it's a time-limited disability, but I think a year is long enough to consider it should apply. Under the Americans with Disabilities Act, the employer must work with you to find a reasonable - underline the word reasonable - accommodation to allow you to complete the essential functions of your position. They cannot fire you out of hand, but IF there is no REASONABLE accommodation that can be found to allow you to successfully complete all the ESSENTIAL functions of your position, then they can fire you.

So FIRST you need to talk to your employer and see what they are willing to come up with.

One very important factor; your doctor can recommend, but with only one exception AND THIS IS NOT THAT EXCEPTION your doctor does not get to tell your employer what to do. The employer is not obligated under the law to follow the doctor's recommendation. So it's really important that you discuss this in full with your employer. I would start with your HR.