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worker05

Junior Member
What is the name of your state? Alabama

My husband has worked for a company for the past 15 years. Started at the bottom and worked his way to supervisor. 5 months ago his was involved in a accident that crushed both ankles and broke both legs. This accident was not work related, it was on his time off. He has had three surgeries and was not able to walk for the past 5 months. His employer had told him that he would have his job as soon as his was able to work . In January he ask to be allowed to return to work out of his wheelchair but was told that they had rather him wait until he was fully recovered because it would be a large expense to make there work place wheelchair accessible. The building was built before all of the building codes were required. He waited as asked and thought he would be able to return this past week because he has started walking a small amount again. But the doctor would not allow him to return to work yet. He has only been walking a week and must have another surgery to remove the metal plates and screws before the doctor wants him walking all the time. He went to his employer yesterday to tell them what the doctor had said and to take them the paperwork he took them after every doctor visit. When finding out that it was going to be another month or so before he was able to return he was told that he was no longer needed and that he would not have a job when he was able to return. Can you fire a person that is totally disable after not providing wheelchair access and telling him for 5 months that his job would be waiting? Of course they told him is was not because of his disability but because of some things that happen before his accident. But, that cannot be true. I, myself had a meeting with this employer when my husband was not able to leave the house in reference to insurance and other matters and was told what a wonderful job my husband had done and what a important part of the company he was. How can things change so fast ? They fired him after 15 years because he was going to be disable a while longer and just did not want to wait any more. Can they do this? Please help, our world has been turned upside down for months and now this.What is the name of your state?
 


cbg

I'm a Northern Girl
The longest they were required by law to hold his job was 12 weeks. After that time, it was legal for them to fire him "because they didn't want to wait any longer". The length of time he was employed does not change the law.

However, in view of what he was told, it probably wouldn't do any harm to consult with a local attorney.
 

worker05

Junior Member
Thank you for your answer. I understand that 12 weeks is the family medical leave act but I also thought that they had to give a person that is disable his job back even if it was from the wheelchair. Would that be only during the 12 weeks also? And if they state that he will remain an employee for one year and would get his job back as long as he could return with in that year. He wanted to go back to work. He loved his job. That is the reason he asked to be able to work from his wheelchair. Everything was fine with them up until yesterday when he told them he had to have more time off. They would not let him return without a doctor's release anyway and we could not get that. I don't understand where everything went wrong. I know his boss was very upset when the accident happened because he thought it was an unnecessary accident that put hardship on the company. My husband fell 23 ft in a hunting accident on his own time and I guess his boss did not think you should risk doing something you enjoy on your off day. Work and hunting was his life. The HR people and the upper boss and no problem with his returning when he was able until yesterday.
 

cbg

I'm a Northern Girl
No, if he exceeds the 12 weeks of FMLA they have no legal obligation to give him any job back, let alone his original one. Once FMLA expires, so does his right to guaranteed reinstatement.

If they have a policy of extending leave beyond the 12 weeks, it MAY be that they will have to extend it for him, but only an attorney in your state can say for certain.
 

worker05

Junior Member
another question please

my husband's accident was the last week of October. On Dec. the 11 he returned to the Dr for a recheck and was told he would have to stay in a wheelchair for a unknown time but it would be for several months. On Dec. the 12 he called his employer to give them the update and asked if there was any way he could return to work in his wheelchair. The HR lady told him she would have to get with the others and get back with him. She called him back the next day which was Dec. the 13 and wanted to know the turning radius and width of his wheelchair. He was in a wheelchair where his legs had to stay up and out in front of him. He gave her the dimensions and she said she would call him back. She did call back on Dec. the 14 and told him they had decided it would be better if he just got well and then returned to work. The were not wheelchair accessible and she said it would be to much of an expense to make it that way. Thinking that everything was great he agreed because he did not want to cost the company any money. All of this took place during the 12 weeks. Now I wonder if they were just trying to get past the 12 weeks with out having to spend the money. Does this timing make any difference? I don't want to spend the money on a attorney unless I think it will make a difference. He has been out of work for 5 months and money around our house is very tight. Thanks
 

cbg

I'm a Northern Girl
I'm afraid it really doesn't make a difference.

Even if he were going to be permanently in a wheelchair they are not required to make costly structural changes to accomodate his wheelchair.
 

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