Thank you very much for this additional information.
Even if you file again for SDI, your employer will be able to terminate you once your 12 weeks of FMLA protected leave have been exhausted unless
your condition qualifies as a "disability" pursuant to the Americans With Disabilities Act definition.
The determination of what constitutes a qualifying disability is a complex issue, but in general, in order to have a “disability” you must have a mental or physical condition that “significantly impairs a major life activity.
According to the most recent Supreme Court decision, this analysis requires the courts to review whether the person is able to perform the tasks of daily living (washing, brushing teeth, fixing meals, housecleaning, etc.), and decide if the person is significantly more impaired in those tasks than other persons in the population who are not “disabled.” It also requires the courts to consider the person’s abilities with corrective devices, such as prostheses and medication, but may consider side effects that result from medication. For more information on what constitutes a qualifying disability, visit this link: http://www.ada.gov/qandaeng.htm
If a person is “disabled” in accordance with the ADA's definition, an employer may be required to extend the FMLA period of protected leave as a "reasonable accommodation" of the employee's disability. The length of the extension must be reasonable, and while there is no hard line for what is reasonable and what is not, the burden on the employer and the need to fill the position will be considered in assessing the cutoff. In most cases, a few additional weeks is not unreasonable.
Unless your back condition impairs a major life function (which I'm not saying it doesn't), an individual in this circumstance would typically have no further protection beyond the 12 weeks of FMLA, even if they went on disability.
I sincerely XXXXX XXXXX this information helps you and I wish you the best.
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