After being out on disability, employer gives me thirty days to find a job

[sandrawg]

What is the name of your state? CA

I have been out on disability because of an anxiety disorder. I've been out a little over a year. I have collected longterm disability benefits up to this point. My employer gave my job away when I was out longer than 12 weeks- I understand it is their right under the Family and Medical Leave Act to do this. Now they are saying that once a doctor medically releases me to return to work, I have 30 days to find a job at that company or I'll be terminated. Under the ADA, are they required to find me a job, or no?

 

[cbg]

First of all, it has not been established that you have protection under the ADA. Only a small fraction of people on "disability leave" actually qualify under the ADA.

Second, even if you do qualify, they are not obligated to find you a job. IF there is an open position for which you are qualified and which is within any medical restrictions you may have, then they may have to give you that job. However, they have no obligation to create a job for you , to give you a position for which you are not qualified or to bump someone else out of their job for you.

In addition, the fact that they did not terminate your employment for over a year and are giving you 30 days to find a new job may well be enough of a reasonable accomodation, again, assuming you qualify which is not necessarily the case. While a SHORT extension of FMLA may in some cases be considered a reasonable accomodation, a leave of over a year is excessive and it's not at all unlikely that they have no further obligations to you at all.