Terminated while on ADA approved medical leave?

I requested an ADA accommodated medical leave for cancer treatment. It was approved in writing. I'm not covered under FMLA because of too few employees in my location. Two weeks before I am due back they called and terminated. me. Can they do that? Thanks

1 answer  |  asked Sep 29, 2015 12:24 PM [EST]  |  applies to New Jersey

Answers (1)

Natalia Shishkin
There is not enough information to determine if your rights were violated. Generally, an employer is required to provide a reasonable accommodation to an employee with cancer. What is reasonable depends on many different factors, including the duration of your leave and the burden on the employer. Also, your employer may not discriminate against you because of your disability. Thus, an employment attorney may ask you if your employer granted leave of similar duration to employees without a disability. I recommend that you speak to an employment lawyer to get advice specific to your situation.

posted by Natalia Shishkin  |  Sep 29, 2015 12:48 PM [EST]

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