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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12480
Experience:  Significant experience in all areas of employment law.
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Is is illegal to terminate an employee on disability if

Customer Question

Is is illegal to terminate an employee on disability if their disability last more than 12 weeks
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I live in Indiana and my place of employement was Illinois
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I believe it would be considered at will and full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: When I contacted my job after having 2 major surgeries, I was told that my position had be eliminated while I was out
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

12 weeks is when any FMLA protection would end. However, after 12 weeks employers are still required to "reasonably accommodate" disabled employees by allowing them to take additional time off to the extent that it does not result in undue hardship to the business. So, if the employee can establish that the company could have held their position longer without incurring undue hardship (defined as significant difficulty or expense) then they can sue for disability discrimination under the Americans With Disabilities Act. The way to do that would be to file a complaint with the EEOC.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.