Legal Question in Employment Law in Florida
My mother had Knee Replacement Surgery in February and is currently on FMLA whihc expires in two weeks. Due to the nature of her job (she is a sales consultant in a furniture store that is 300,000sqft) it is not yet feasible for her to retunr to work as she is required to be on her feet al day walking aorund the store. He employer has told her that if she does not return to work as schedule they will terminate her and she will have to re-apply for employment when she is ready to return. I told mymother that I would rent her an electric wheelchair so she can return to work, but her employer has told her that she cannot reutn to work in a wheelcahir. Is this legal?
1 Answer from Attorneys
She needs to speak with the Human Resources people and ask for an accomodation under the ADA to work in a wheelchair. IF not she may want to file a complaint with the EEOC or contact an attorney about possible ADA violations. What is the nature of her illness? Feel free to contact my office to discuss further.
You may also check out my employee rights blog at www.takethisjobnshoveitblog.com.
Scott Behren
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