Legal Question in Medical Leave in District of Columbia
FMLA & ADA Regulations with the new Amendment in effect as of 9/2008
I have been on FMLA Leave since
8/20/08 thru 11/12/08, due to
severe depression and anxiety
as a result of workplace hositlity
and harassment. I have been
under the primary care of my
health physician as well as a
professional and medical
psycholigst. I h ave not bee released from either doctor's who
recommend to my employer GWU,
in Washington,DC that I not be
returned to the same department
under the same supervision of
the individual who was responsible
for my depression and anxiety.
Both doctor's classified me under
ADA protection, I am due to return
to my employer on 11/12/08, but
haven't heard a word whether or
not they are going to make the
recommended ADA accommodations
that both my doctor's recommended.
What course of action do I have
if GWU is negative and will not
accommodate my request for ADA
protection and accommodations
of a lateral transfer within the
University? My understanding that
only the professionals (doctors,
trained people) can make a decision
of whether or not an individual
is under ADA protection. What
would be my next course of legal
action of recourse? Please advise.
1 Answer from Attorneys
Re: FMLA & ADA Regulations with the new Amendment in effect as of 9/2008
Under FMLA, upon your return to work, GWU must return you to the same or similar position with similar pay and benefits and nothing further, as far as I am aware.
As to the status of your requests under ADA, it would seem premature to make any judgments regarding what the University might or might not do with respect to your accommodation request, and you should wait until you know something definite one way or another before planning any further moves in regard to this issue(in my opinion).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
