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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5617
Experience:  Exclusively practice labor and employment law.
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I am employed as a security officer years. with a small

Customer Question

I am employed as a security officer for 3 years. with a small company. I work every day, anywhere from 4 to 16 hour shifts without a day off. I have pre-existing conditions and would like to have one day off a week and only work 1 16 hr shift a week. Am I eligible for a FMLA? Is it possible to be terminated on these grounds? I never call in sick and always work when requested to. How can I protect myself.?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

What is the medical condition you have? How many employees does the company have?

Customer: replied 1 year ago.
Cardiac condition with Hx. of Bladder CA, One kidney removed, COPD. Not sure how many employees they have. Probably less than 50.
Expert:  John replied 1 year ago.

Ok, FMLA only applies to employers with 50 or more employees, so you can rule that out. The only other chance of getting mandated time off per week in Michigan is by requesting it as a reasonable accommodation under the ADA. Courts however have generally ruled that a permanent reduced schedule of leave is not a "reasonable accommodation" and causes the employer a hardship. But to protect yourself you should at least request it as an accommodation and see what they state in response; they may grant it. The second part of this is you have conditions that at best remain stable or slowly decline your health...so if you don't now have disability insurance on this job, you should start to seek other employment that does and if they don't accommodate your request you should also look for a job with less hours...these hours cannot really be worked by most people, let alone those with your conditions. You may be literally working yourself into a catastrophic event. Disability is tough to qualify for as you need to prove that you cannot do a key function of the job...by continuing to work these hours you are essentially killing any claim because you are showing you can work long hours. So if you cannot get the hours reduced you need to think about changing positions or getting a new job.

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