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Medical Leave

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  • Medical Leave

    I have an employee that has only been employed for 5 1/2 months. She has been missing time for doctor's appts. and for being sick. She is now asking for 6 weeks off because she has to have a tumor removed from her stomach. She does not qualify for FMLA, but are required to allow her the time off and hold her job open because she turned in a dr.'s note stating she will need the 6 weeks to recover? Would this fall under ADA even if it is to remove a tumor w/no other possible chronic issues reported?

    Thanks for your help.

  • #2
    The ADA is not leave time, and outside of FMLA (and very occasionally the ADA) a doctor's note has no force in law.

    Whether any given medical condition falls under the ADA is situation specific, but for the most part a temporary condition is not protected. Even if it should turn out that the ADA was invoked for this situation (which we cannot tell from the information provided) a message board cannot tell if a six weeks absence would be a reasonable accomodation as that is also situation specific.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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