Legal Question in Disability Law in Florida

Re: Veteran Disability

You may be entitled to protection under the ADA, depending on the disability, if there is an accommodation that will allow you to do your job, such as a different schedule. But absences are tricky because you of course have to be present to do the job. Thus, you are not entitled to be absent (beyond your FMLA coverage) and still keep the job indefinitely.

If your absences will continue, ask the employer for an accomodation. Perhaps working from home part of the time if possible. You may not be legally entitled to it, but it does not hurt to ask.

In any case, my best advice is to work out a solution if possible both with your doctor and employer. Approach the employer and let them know that you want to keep the job but your disability is affecting your attendance. See if you can work out a solution like working from home, making up lost time, changing shifts to accommodate medical needs, etc.

Be creative and open to ideas, and show that you really want to make it work. If the employer wants medical documentation, work with your doctor to get the needed information so that a proper solution can be found.

If the employer is not willing to work with you, then it will be up to you to try to find a way if possible to be at work and tend to your medical needs at non-work times.

From a practical standpoint, if you can control it at all, try to stretch out your leave so that you only use sick time and vacation time until you are entitled to use FMLA again. Check your employer's FMLA policy to see when that is (probably 12 months from the last FMLA leave).

You should also check all the leave policies (or ask HR or a manager) to see if there is any other leave available to you such as borrowing vacation or even leave without pay.

One note of caution. Most employers unfortunately get defensive when it comes to medical accommodations rather than searching for a solution. So be prepared for a negative reaction once you broach the subject. There really is not much to lose, though, as you are already worried about losing your job. But if you really do not think they will fire you, then it may be best to let sleeping dogs lie. Only you can determine how best to deal with your employer, since you know them and your own situation best.

I hope that helps.

Good luck and happy New Year.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.