Legal Question in Disability Law in Ohio

I am being forced to return to work or face voluntary resignation bc my FMLA ran out. I am a patient and an employee of laser spine institute. I was getting ready to have surgery and will not give me extra time. Do I have a case? I cannot perform my job until I have surgery and my employer is the same people who have an active chart on me. I expressed concerns I would go over my FMLA bc of delays for infection prior to surgery. The chairman promised me I would not lose my job. Now ready for surgery and my doctor will prob not allow me to return. What can I do? I feel abandoned and discarded and worry about my future as a nurse.


Asked on 7/23/16, 11:28 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Under federal law, the Americans with Disabilities Act (ADA), you could be entitled to additional unpaid time off beyond the 12 weeks protected under the FMLA. The problem you have is that the doctor that needs to certify your leave is also your employer. For many reasons, you might not be able to get another doctor but for the reasons you cite herein, you really should get a doctor that is not your employer.

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Answered on 7/26/16, 9:52 am


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