Celebrating 10 years! 2007-2017

Worker protection for sickness vs disability?

So as I understand, if you have a 'disability' your employee superttthero11/26/18
Right. Most places will accept a doctor's note, but they don fettywap11/26/18
One of the key ingredients is that the employee must, *despi jeffm11/26/18
Yeah but flu and food poisoning are not disabilities at all. fettywap11/26/18
They can be temporary. jeffm11/26/18
https://legalbrief.com/kirshman.htm l No they can't. I thi fettywap11/26/18
superttthero (Nov 26, 2018 - 1:21 pm)

So as I understand, if you have a 'disability' your employee cant fire you to discriminate because of it (say the plot of Philadelphia) and must also provide reasonable accommodations (say additional bathroom breaks if needed due to disability).

But what if you are just unlucky and get sick a lot? Are you SOL?

What if in a calendar year you get the flu twice, food poisoning, had a minor car accident with minor injuries, a bout of vertigo and then foot and mouth disease.

So really with doctor follow ups and inability to work you ate through your time off and had bad performance. You have no recourse if your employer cans you, right?

Reply
fettywap (Nov 26, 2018 - 1:56 pm)

Right. Most places will accept a doctor's note, but they don't have to.

Reply
jeffm (Nov 26, 2018 - 8:14 pm)

One of the key ingredients is that the employee must, *despite the disability*, still be able to perform the standard duties with either no, or reasonable, accommodations. The law does not accommodate workers by exempting them from performing.

So, I think you're on the right track by surmising that the employee who can't perform is SOL.

Reply
fettywap (Nov 26, 2018 - 8:16 pm)

Yeah but flu and food poisoning are not disabilities at all. Disabilities are not temporary.

Reply
jeffm (Nov 26, 2018 - 8:17 pm)

They can be temporary.

Reply
fettywap (Nov 26, 2018 - 8:49 pm)

https://legalbrief.com/kirshman.html

No they can't. I think it's interesting that cancer is not considered a disability.

Reply
Post a message in this thread