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threatened with being fired after knee surgery Kentucky

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  • threatened with being fired after knee surgery Kentucky

    My daughter recently had knee surgery (both knees) and took 2 weeks off (without pay) and returned to work with doctors orders to sit most of her shilft. she's a cashier and has been with this company several years, always gets great evaluations and the highest raises based on her preformance.
    After being back at work three days the district manager ask my daughters direct manager why he hasn't fired her yet. He said it would be against ADA laws and she said my daughter wasn't covered under ADA....
    any thoughts.. ..?

  • #2
    ADA does not normally cover "temporary conditions". Is the employer big enough to be subject to the FMLA (at least 50 employees within a 75-mile radius of where your daughter works)? And, if so, how long has she been employed there?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I see your post said she has been with the co. several years. Has she worked there at least 1,250 hrs. in the 12 months immediately preceding the leave?

      We also need to know the answer to Patty's question as to whether she works at a location with 50 or more employees within a 75-mile radius.

      Thanks.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        She has worked there more than 1250 hours in the past 12 months and there are probably 20-30 stores with 75 miles, so I'd guess there are mre than 50 employees. This is a national drug store chain.

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        • #5
          It looks like FMLA applies - she can take up to twelve weeks of unpaid job protected leave for a serious medical condition as defined by the statute. Her surgery should certainly apply.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            thank you

            Thank you! I had no idea how the FLA worked, this is good news...
            thank you!

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            • #7
              I just want to let you know that under *FMLA* a serious health condition is an illness, injury, impairment, physical condition, or mental condition that involves inpatient care (an overnight stay) in a medical facility, continuing treatment by a health care provider, or a period of incapacity of at least 3 consecutive days. It can include pregnancy and prenatal care.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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