Legal Question in Disability Law in Indiana
EEOC compliance with Americans with Disabilites Act
An employee is terminated from a company (population over 100) due to excessive absenteeism. The employee is in his evaluation/probationary period, not having completed 6 months of employment. He is not eligible for short term disability leave or insurance coverage until completion of 6 months of employment. He is not covered by FMLA. He is in two separate automobile accidents and misses work due his injuries each time. Is his job protected by the ADA even though he has missed so much work?
1 Answer from Attorneys
EEOC compliance with Americans with Disabilites Act
Remember that the ADA only applies to disabilities, which are defined NOT to include temporary injury such as a broken bone or injury from an accident from which you will recover.