Legal Question in Disability Law in Puerto Rico
evaluation performance
My wife works in the manufacturing environment, she is covered by ADA since she has MS and been having relapse, and other conditions with her disability. She has been sick and needs to get to medical appointments at work time. She was given a negative evaluation due to the fact that she is absent from her work many times in the year. Her company has been notified of her situation. Is this legal?
1 Answer from Attorneys
Re: evaluation performance
To qualify for relief under the ADA your wife needs to be a qualified individual with a disability. A disabled individual is one with an illness or condition which substantially limits one major life activity. The condition you refer must cause this effect and your wife needs to be able to perform the essential functions of her job. Your wife needs to exhaust administrative proceedings with the EEOC before filing suit. Additionally, your wife may be entitled to relief under the FMLA, and under your local statute regarding sick leave.
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