Legal Question in Medical Leave in Alabama

Re: fmla

Maybe. In addition to the FMLA, depending on your condition, you may also have some rights under the Americans with Disabilities Act ("ADA"). The ADA requires that employers give their employees a reasonable accommodation of their disability. This may entail the modification of your job duties.

There are a lot of "may"s and "maybe"s in this response because this is an area of the law that is very dependent on the facts of your particular situation. You need to sit down with an attorney who is experienced in labor and employment laws to discuss your situation. In addition to the federal laws I have discussed in this posting, you may also have some rights under state laws. If you cannot find an attorney in your area through lawguru, you may check out www.nela.org.

Re: fmla

Yes. It is legal. The FMLA only gives you 8 weeks. I doubt seriously if the ADA will apply, as I do not think from the limited facts given that you would meet the definition of disabled under the act, which requires a substantial limitation in a major life activity. The company is not required to create a position for you; if you cannot do the job, they do not have to put you somewhere else. No state laws protect you in Alabama.

Feel free though to talk with another attorney though, maybe there is something in there all along. You might qualify for short term disability if your employer provided that for you.