I have a perm. back injury that the employer was notified about when I interviewed for a job. I recently had a nuero-stim implanted in my spine to help with the pain managment and that has lowered my work abilities to som extent.

I am able to do 50% of what I normally did before the surgery but the employer is stating that if i turn in the fmla paperwork to cover my time missed for appointments and "bad days" where I cannot function due to the injury, they will have to re-evaluate my position.

What can I do if I turn in the restrictions and FMLA paperwork ,it states I cannot do the type of work they have been having me do since I was hired and they let me go since ,and I quote " If you can't do the work you were hired for we will have to find someone who can"

I am afraid to turn in my restrictions because of this. any advice? TYIA

Under the ADA, if you are unable to perform the essential functions of your position, your employer is required to determine if there is a reasonable accomodation (the operative word being reasonable) that will assist you in doing so. If there is no reasonable accomodation that will allow you to perform the essential functions of your position, your employer is legally allowed to let you go and hire someone who can. It is the responsibility of the employer to show that there was no reasonable accomodation that would not cause an undue hardship and still have you perform your essential functions.

It is acceptable, under FMLA, if you need part time work, to transfer you to a position that will more easily accomodate your needed schedule. When your FMLA expires or when you no longer need it, at that time you must be returned to your original position or one that is equivalent in all respects.