{ "media_type": "text", "post_content": "Been on FMLA / short term disability for 3 months and doctor recommended 1.5 months extension. My firm refused the extended leave but we’re unable to provide reasons what the under hardship for the firm is. They are pressing me hard for alternative ada accommodation (anything but continuous leave) so I can get back to work. If not they will terminate me next day. Is it legal?", "post_id": "614929eee7a7a9002ad9762c", "reply_count": 14, "vote_count": 2, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting" }

Been on FMLA / short term disability for 3 months and doctor recommended 1.5 months extension. My firm refused the extended leave but we’re unable to provide reasons what the under hardship for the firm is. They are pressing me hard for alternative ada accommodation (anything but continuous leave) so I can get back to work. If not they will terminate me next day. Is it legal?

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As a former attorney my best advice is to talk to an attorney.

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Call me a harda** but I would do the exact same thing in the company’s position I struggle to justify why in today’s world that is more work from home friendly than ever before, why a reasonable accommodation cannot be made. Especially if you are posting on this bowl, your job is behind a desk. You live in your house, so it’s already as friendly as can be. The company is not asking you to come into the office, where you might be impeded in transportation, or at the office. Or if they are, the accommodation should be permanent WFH. But I struggle as to why baby steps to coming back to the office wouldn’t help. Physically break a bone, have major surgery, nbd. Unless you have some type of cancer or serious condition that makes it difficult to look at a screen without blinding headaches, it might be time to see how u can accommodate back to the office. If not, you might not deserve to get paid for 4 months of doing no productive work. Might sound harsh, but it’s a practical perspective

likesmartfunny

It sounds like the firm is trying to accommodate you, and is seeking to negotiate what a reasonable accommodation looks like. They just don’t think you not working while they hold your job open for you is sufficiently reasonable. Best of luck to you and sorry you’re dealing with this.

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Probably — FMLA protection is 12 weeks.

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Talk to a lawyer.

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I was in the same position. Worked for an employer six years and they terminated me even before the 26 short term disability weeks were up. FMLA is 13 weeks but some company's have longer short term disability plans.

I did not sue. It's very complicated but of course feelings of betrayal remain. My battle was my health at that point and I had nothing left to give for another fight. I recovered and found a higher paying job.

uplifting

All the 10 attorneys I called either won’t take the case, or ask me to call them only after I get fired

You don’t have a cause of action yet. Only hypotheticals. There’s no case for the attorney to take. I’m sure if you paid for an hour or two of their time they’d write a lovely nastygram for you.

likesmart

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