Legal Question in Employment Law in Arizona

Re: Medical Leave

While I offer no legal opinion based on the limited facts presented, consider that if you are disabled as defeind under the Americans with Disabilities Act, such as being impaired in a major life activity such as working, caring for yourself, talking, walking, etc., then your employer may have a duty to provide you a reasonable accomodation, that is help to perform the essential job functions of your porition. Many courts have held that attendance is an essential job function. Thus, while hopefully you will be able to return to work and do you job, the question is does the comapny have any obligation to extend your leave, as an accomodation (assuming you qualify as a disabled person). The company must show hardship in denying an accomodation. I would venture to say, a a managemetn employemtn attroney, that an one year leave of absence is generous by any standard. The company has no obligation to hold your job open for you for that time.

PLease consider as well what other employees have been given for leaves. If someone has had a longer leave, why are you being treated differently? If not, then it is likely you are being treated the same as all others, and therefore not discriminated against (presuming a disability).

Finally, do you have any "rights" to a leave of absence under the company policys? While your longevity as an employee is deserving of recognition, it does not afford you legal rights per se regarding "fair treatment". Good Luck