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Re: disabilityFrom: Anonymous (anonymous@obgyn.net)Thu Jul 18 08:13:18 2002
At Tue, 16 Jul 2002, lauren wrote: > >Just a law student who works in a labor & employment firm (who also >suffers from endo), but I have read some cases in which bad endo has >been the basis of a claim under the Americans with Disabilities Act (the >ADA). In a nutshell, to be covered by this act one must show that one's >claimed disability "substantially limits a major life activity." If you >have a qualifying disability, your employer is required to make >"reasonable accomodations" for your disability in order to allow you to >keep your job despite the disability - this could include, for example, >allowing you to work at home, if that is feasible, when you are having >one of those yucky days. I've read some cases in which endo has been >held to limit the major activities of walking and working due to extreme >pain. >Also, the Family Medical Leave Act (FMLA) requires employers to allow >employees to take an unpaid leave of absence to deal with medical issues >they or a family member is experiencing. Unpaid leave might not be >feasible for you, but just an idea. > >If you work at a larger company, your employer should have someone on >staff (like a human resourses person) who you could discuss these >matters with. > >Good Luck, and feel better. Lauren, Remember that FMLA does not apply to employers with less than 50 employees. Also in the Act are loopholes for larger companies such as the "key employee" provision. FMLA protection can be denied if the employee is viewed to be crucial to company operations. This does not typically happen however. I also wouldn't give people false hope under ADA. My reading of ADA cases suggests claimants are having a more difficult time presently. Nevertheless any employee should always pursue every possible option.
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