Visitor Question

Not allowed to return to work?

Submitted By: Debra (Canyon Country, CA)

I broke my ribs at home on November 6, 2014. I now have a release to return to work as of January 26, 2015. The managers will not comply with the return to work laws thus far. It is a franchise. I am a working disabled citizen of the U.S.A. and can do my part time job, which was 2 days a week for 10 hours a week.

I need this income. They are avoiding me. What are my rights? Am I protected under the Americans with Disabilities Act? One manager asked me to resign. Any information you can give on my rights being a disabled worker would be appreciated. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Debra,

While you are covered under the Americans With Disabilities Act, it appears the reason your employer does not want you to return to work may be that you can’t perform your job duties while healing from a broken rib.

Title 1 of the Americans with Disabilities Act, “requires covered employers to provide reasonable accommodations for applicants and employees with disabilities, and prohibits discrimination on the basis of disability in all aspects of employment.”

Reasonable accommodation includes, for example, restructuring jobs, making work-sites and workstations accessible, modifying schedules, providing services such as interpreters, and modifying equipment and policies. From the facts you present, there is no indication your employer has violated Title 1 requirements.

If your employer believes you aren’t able to fulfill the duties of your job, then the employer is responsible for making accommodations to let you return to work. But that is only if the accommodations are required because of your disability, and not because if an injury which occurred at your home and off premises.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 18, 2015

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