Can I be fired for excessive absenteeism due to a newly diagnosed disability?
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Can I be fired for excessive absenteeism due to a newly diagnosed disability?
I work for a non-profit; about 50 employees. I was diagnosed with Multiple Sclerosis 4 months ago after having an exacerbation at work. I was out of work for about a month after a week hospital stay. The neurologist allowed me to return to work full duty on a “trial basis”. Since then, symptoms and side effects from new medications that have caused me to be absent from work. I’m afraid I will be fired because of this as my boss has been verbally unsupportive (ie -How long will this last? You aren’t any good to me if you’re not well”). Do I have any legal rights?
Asked on August 29, 2011 Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have some legal rights, but they may not be enough to help you:
1) If the company is covered by the Family and Medical Leave Act (FMLA)--which it might be; the basic cut off is 50 employees or more--you may use FMLA leave to take up to 12 weeks of leave per year for medical reasons; that leave may be split up, so it may be a day here and there as you need it; but it is unpaid leave, and once it's all used for the year, you can't invoke it. Also, you have to specifically say you are taking FMLA leave.
2) A company cannot discriminate against an employee with a disabilty, but not discriminating means only making "reasonable accomodations." Reasonable accomodations are ones which are not too costly, in terms of money or disrupttion, to the employer. If you have been missing many days (and especially if doing so without prior notice or warning) and/or can't do the duties you were hired to do, it may be that it would be unreasonable to expect the company to keep employing you.
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