Work in Virginia as salaried employee. Started working at present job in Sept 2002. Have chronic back and siatic problems prior to becoming employed at current job. Now have 2 herniate disks in my back (didn't happen at work but was probably aggrivated at work) since Oct 2004. Haven't been able to work since that time; however, employer has continued to pay me at full salary. It appears that I will have to have surgery. My employer wants my Dr to write a letter stating my current job restrictions; if I need surgery, how long will I be unable to work; once I can return to work - what will be my limitations and for how long. They state that they need this to plan staffing until I am 100%. They are continuing to pay me at my 100% salary.

My question is: Can they require that I get this information in writing from my Dr?

If I cannot return to my regular job (which does require lifting and manual labor), can I be terminated? Would this be discrimination? Would I be eligible for unemployment?

If I can't return to work, how do I start applying for long term disability?
Do I have to be without work for 12 months before being eligible for disability?

Thank you

Chris

1) Required Information - They can require that you provide the restrictions. They just can't ask for the diagnosis.

2) Can you be terminated - Yes, unless you are eligible for FMLA (Family Medical Leave). You can read more about FMLA at: http://www.dol.gov/esa/whd/fmla/

3) Is it discrimination - No, as long as you are being treated the same as others who can no longer perform the same essential functions. Your employer is required to make a reasonable accommodation for persons who are considered disabled (assuming that the employer is covered under the Act). However, creating a job or permitting an employee to stay at home is not considered a reasonable accommodation. You can read more about discrimination on the basis of disability at: www.eeoc.gov (http://www.eeoc.gov)

4) How long before you can start applying for Long Term Disability? That can only be answered by the company that provides that insurance.

By the way, the fact that your employer has continued your salary at 100% goes way, way beyond that required by law.