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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3930
Experience:  Contracts, Wrongful termination and discrimination
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I am currently on FMLA and my doctor gives me notes to give

Customer Question

I am currently on FMLA and my doctor gives me notes to give to my employer stating what I can and cannot do. They forced me to tell them my true condition. They tell me for instance; dr does not want me working OT so she wrote a letter advising my company of such. They stated that I will have to do OT regardless of what my doctors tell me. I feel like they are trying to make me quit. I need advise ASAP!!!! Please help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm sorry to hear about your situation.


Your employer must comply with requests for limitations under the FMLA is you qualify for those requests. You may also qualify for reasonable accommodations under the Americans with Disabilities Act depending on your condition.

Would you mind telling me what your condition is? (your identity is not disclosed here).
Customer: replied 1 year ago.

I have HIV.

Expert:  Zachary replied 1 year ago.
Thank you for your response.

This qualifies you for protections under the Americans with Disabilities Act, which provides that your employer must make reasonable accommodations. People suffering from HIV are often limited in the amount of time they are required to work because of the side effects of the medication and the illness itself causing fatigue.

Since your employer is not complying with your request for a reasonable accommodation and you have provided both a doctors note and a disclosure of your condition, your next step is to file a claim with the EEOC for ADA discrimination. In order to file a claim, you need to contact the local EEOC office. Their contact information may be found at: http://www.eeoc.gov/field/

Filing an EEOC claim will prevent your employer from retaliating against you, as if they terminate you because of your claim, they fact penalties by the EEOC and large liability to you in a civil lawsuit.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3930
Experience: Contracts, Wrongful termination and discrimination
Zachary and 8 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the help.

Expert:  Zachary replied 1 year ago.
No problem. I hope this works out in your favor!

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