Legal Question in Disability Law in Montana
mental disorder
I have a friend that has moderate to severe Bi-polar disorder. Can she be written up over missing work to get mental and medical help? Even the management told her go home and take care of herself. After she came back. Management wrote he up for excessive absences. Is Bi-polar be considered a disability?
1 Answer from Attorneys
Re: mental disorder
Bipolar disorder may or may not be a disability depending on its affect on the individual's major life activities. It is exactly this sort of issue which makes this type of disability claim so difficult. However, depending on the size of the employer and the length of your friend's employment, he or she may have qualified for FMLA leave.
More information about your friend's entitlement to FMLA leave can be found at www.dol.gov.
There may also be some state law rights which your friend has. In order to determine those rights, you should consult with a local attorney.
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