Legal Question in Disability Law in Virginia
Epileptic Seizures in the Workplace
My wife was dianosed 2 years ago with a Brain Tumor, which was removed by surgery. Since then, she has returned to work, only to have (3) Epileptic Seizures while at work. After her return to work following her second seizure, her Supervisor and Manager had pulled her into their office to go over every pitty thing she has done wrong since her initial return to work after surgery. She recently had another seizure at work, the President of the company called her at home that night at 9:30pm to inform her that she is currently placed on administrative leave until she produces a return to work slip from her doctor, along with wanting the doctor to sign off on her job requirements, stating that she is still able to fullfill them.
1. Company President asked for Doctor information so that the company could speak with him. (we declined)
2. We feel they are trying to build a case to fire her on. (asking for job duties to be signed off on)
3. Her doctor has now changed her medication and has held her from work for 3 weeks. (she will be filing for short-term disability just to keep her getting a pay check)
4. What, if any Legal action should we be looking into to safegaurd her job?
1 Answer from Attorneys
Re: Epileptic Seizures in the Workplace
Unless your wife is currently working under the protection of a valid contract or collective bargaining type of agreement, under Virginia law she continues to work essentially at the the sufferance of her employer who under the circumstances described can likely terminate her at any time without penalty or consequence.
Consequently, if the above happens to be the case, I know of no action(s) which could be takern to safeguard your wife's job other than to try and placate the demands of her employer. (I would doubt, however, whether any doctor would be willing
to sign off on her supposed fitness for specific
job duties.)
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