Legal Question in Medical Leave in New York

flma

My wife works for a non-for-profit agency and she has recently been diagnosed with Multiple Sclorsis. Her employer is giving her a hard time when she has doctors appointments. Her employer is telling her that even though the doctors appointment is an hour long and she is returning to work following the visit, that she must apply that hour to her Family Medical Leave. Is this correct? Also she has an upcoming doctors appointment in which she has to see a specialist ''out of town'' which she will need the whole day off from work to attend. She had submitted a request to take that day off to her employer by using personal time which she has accrued, and they said that because she was goin to see a doctor for her condition (MS)that she could use sick time or personal time, but that ime would be applied to her Family Medical Leave. Is this correct? Do we also have discrimination or harrassment issues here? Her employer has a wriiten policy that states they can terminate any employee at any time for any reason.

She has had favorable performance evluations the 5+ years she has worked for this agency.

Thank you


Asked on 2/25/03, 9:55 am

1 Answer from Attorneys
Chris Edelson Chao & Edelson, L.L.C.

Re: flma

Your wife's employer has a duty to "reasonably accommodate" her multiple sclerosis. What reasonable accommodation requires depends on an individual's situation. In some cases, it is appropriate for an employer to require that FMLA leave be used. One thing that definitely should not happen is that your wife should not feel her job is under threat because of her MS. As long as she can do her job, with reasonable accommodation, her employer cannot terminate her because of her MS--even if they have a policy saying they can terminate any employee at any time for any reason.

I would be glad to speak to you or your wife in further detail about this and about some ideas for hopefully making her situation at work better.

Chris Edelson

(212) 867-4754

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Answered on 2/25/03, 10:03 am


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