Can I be fired from my job for having carpal tunnel surgery?
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Can I be fired from my job for having carpal tunnel surgery?
Is that covered by ADA?
Asked on September 27, 2012 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can legally be fired if--
1) You take time off from work for the surgery or recovery, without it a) being covered by FMLA leave or a similar state law; b) being covered by vacation, sick, or other paid time off you have earned; or c) it being approved in advance by the employer. Employers are not required to retain employees who miss work without authorization in one form or another.
2) If the surgery results in you being unable to do your job for a prolonged period, even if the company makes some "reasonable accomodation" (e.g. gets you a different input device, one that puts less strain on you than a mouse, for example)--that's because if an employee simply cannot, even with some not-too-expensive or -distruptive change in how the job is done or provision of assistive devices do the job, the employer is not required to retain him or her.
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