Legal Question in Disability Law in Massachusetts
all fmla exhausted- cancer patient
employee with co for 17 years exhausted all fmla,vacation and holiday time to continue working while undergoing treatment. employee has been placed on final written warning for attendance issues due to her cancer. is she eligible for protection through the american with disabilities act. any help or advise would help someone maintain their dignity . thank you so much!
1 Answer from Attorneys
Re: all fmla exhausted- cancer patient
To be deemed a qualified handicap individual under the ADA,
you must be able to perform the essential functions of your
job with a reasonable accommodation.
Can you perform the essential functions of your job?
If not, did you request a reasonable accommodation?
Did your doctor write to the company describing
what you were physically capable of doing and the
length of time your activities were to be limited?
Is there a job within the company which you could perform with ot without a reasonable accommodation?