Is it legal to be laid off when returning from work after reconstructive surgery for breast cancer?
I told my employer that I was going to have surgery and would be need to be off work for 4 weeks. I was told this would be no problem. When I called to let them know that I had been released to return to work I was told to return on Thursday. On Wednesday I received a call telling me not to come in because work was slow and that someone else would be covering my responsibilities. Am I not guarenteed my position back? Wouldn't I be covered under the American Disability Act and the Family and Medical Leave Act?
1 answer | asked Oct 7, 2011 09:59 AM [EST] in Disability | applies to OhioAnswers (1)
You would be covered under the FMLA if your employer has 50 or more employees where you work and you had worked more than half-time for at least a year. You may or may not be covered under the ADA, depending on the limitations caused by the breast cancer and how long you expect them to last.
In either case, it may be a defense to the employer that it would have laid you off due to lack of work whether or not you have a disability or were on FMLA covered work. That is a factual issue but, if true, may give the employer legal justification for the layoff.
posted by Neil Klingshirn | Oct 26, 2011 6:01 PM [EST]
In either case, it may be a defense to the employer that it would have laid you off due to lack of work whether or not you have a disability or were on FMLA covered work. That is a factual issue but, if true, may give the employer legal justification for the layoff.
posted by Neil Klingshirn | Oct 26, 2011 6:01 PM [EST]
