“What are my rights as a disabled employee returning to work after surgery? Can my employer fire me or are they required to make accommodations for me? #DisabledRights #ReturningToWorkAfterSurgery #EmployeeAccommodations #UnionRights”
Background:
– Diagnosed with a rare brain condition a week before being hired
– Needed brain surgery 3 months into new job
– Took 6 weeks unpaid leave due to lack of FMLA eligibility
Current Situation:
– Facing complications from surgery, now disabled
– Unable to perform tasks that involve driving, bending down, and carrying heavy backpack
– Willing to work from home or do office work, but unsure of accommodations in field-based job
Concern:
– Fear of losing job and financial instability post-surgery
– Seeking clarification on rights as a disabled employee in city government position
– Unionized employee with limited work experience due to surgery
What rights do I have as a disabled employee returning to work after surgery in a field-based job? Can my employer fire me or are they legally required to make accommodations? #EmployeeRights #DisabilityAccommodations #WorkAfterSurgery #UnionEmployees“
You mention FMLA, so I’m assuming USA; what state?
I would check with your union agreement as that can be the most protection you have. There can be bona fide qualifications of a job that you have to perform regardless of disabilities. A change in position if reasonable can be an accommodation but not an absolute right.
They’re required to make reasonable accommodations to help you do your job at the expected level. Switching you to a whole new position generally isn’t reasonable, especially if they need to displace other people
If no reasonable accommodation exists and you’re out of protected leave, you can legally be fired. If you have more FMLA left and you think it’d make a difference, that’d be a discussion with your employer and physician
You can request **reasonable** accommodations.
A totally different job may or may not be reasonable depending on the size and nature of the business.
That’s such a tough position for you to be in. Reasonable accommodations look like having a standing desk for back problems or an ergonomic mouse for carpal tunnel. Even dedicated time for doctors appointments or extra explanations for people with learning differences.
Being unable to do your job means they cannot reasonably accommodate you. You can ask for a different job if they have an opening, but it is likely you will be let go from your position.
NAL but i’m a nurse in a PCP office, i often fill out this kind of paperwork for our patients. a reasonable accommodation has to enable you to perform your usual work tasks without causing undue hardship to the employer, which unfortunately it does not sound like this is the case. i would meet with HR and/or your union rep and ask about a transfer to another position within the company that you would be able to perform at home or at the office.
i would also ask if you qualify for short term disability. i know fmla requires at least 12 months of employment with your employer, but i can’t remember about STD