Legal Question in Medical Leave in Colorado

Medical illness question

Dear lawguru.com,

I have been diagnosed with a spinal illness that causes severe chronic pain. I have had back surgery and was out of work from December 2005 through March 2006. In March 2006 I returned to work in limited capacity at four hours per day five days a week. Since then I have increased hours worked to currently 7.5 hours a day five days a week. I am limited as to how long I can sit due to increased pain which elevates after six hours even though I am taking strong doses of pain medication. I am currently under a ''Work as Tolerated'' instructions from my doctor. Can my employer take take disciplinary actions against me because I am not working 40 hours per week? I have provided my employer with a doctor's statement of my illness and ongoing treatments.

More than six hours per day of work causes me pain that is above what I believe to be tolerable but I have worked more hours than this for fear of losing my job.

Thank you for your time.


Asked on 8/09/06, 10:38 am

1 Answer from Attorneys
Ellen Buckley Law Office of Ellen Buckley

Re: Medical illness question

It sounds as though you have used all your available FMLA leave, which is 12 weeks per year. You may be covered under state or federal disability discrimination laws and if you are, your employer may need to provide you with reasonable accommodation to do your job. Reasonable accommodation can include allowing an individual to work less than full time, depending on the requirements of the position.

Whether you are covered under disability laws and whether the time off is a required reasonable accommodation are very fact-speciifc questions. You should consult with an employment law attorney, such as myself, who is experienced with the Americans With Disabilities Act.

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Answered on 8/18/06, 5:48 pm


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