Legal Question in Disability Law in Georgia

The Americans with Disabilities Act (ADA) requires employers with more than 15 employees to provide reasonable accommodations, upon request, to enable employees with disabilities to perform the essential functions of their jobs. If the disability prevents the employee from performing such duties, with or without an accommodation, the employee is not "qualified" to perform his/her job and may be lawfully terminated for that reason. That being said, if the condition is temporary and the employee is likely to be able to recover and perform his/her job duties in the future, the employer may have a duty to provide the employee with a leave of absence. The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees at the job site or within a 75-mile radius and provides eligible employees with the right to job-protected leave of absences for serious health conditions. I would encourage you to consult with an attorney, such as myself, with experience at handling disability and medical leave issues in Georgia. If you are interested, you may contact me using my profile information below for a free consultation by phone.

LEGAL NOTICE: This forum is designed to provide general information only. The information provided does not constitute legal advice and no attorney-client relationship has been established. You waive any right to confidentiality by posting information on this site. Communications on this site do not and cannot substitute for a full consultation with an attorney practicing in your jurisdiction, and you are encouraged to consult with such an attorney for guidance regarding your individual circumstances. Do not take any action or inaction based on information presented herein since it may not be accurate or applicable to you.