Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am on short term disability. I, was on term disability and…

I am on short term...
I am on short term disability. I, was on long term disability and just came back to work in Feb.2017.I was told because I have only work 1000 hours, I am not able to receive fmla. I, have work for the company for 13 years. What are my option of keeping my job.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
9/17/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,395
Experience: Significant experience in all areas of employment law.
Verified

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you have not worked enough hours in the past 12 months to qualify for FMLA, the only remaining option in terms of keeping your job is to argue that you are entitled to additional time off under the Americans With Disabilities Act as a "reasonable accommodation" for your disability. Unlike the FMLA, the ADA does not specify a particular amount of time that employers are required to grant as a reasonable accommodation. It could be one year or it could be no time at all. It comes down to what is reasonable for the employer given the unique circumstances of the employment and whether allowing you more protected leave would result in undue hardship on the company.

So, what you would typically need to do is send your employer a letter via certified mail with a scanned copy via email explaining that you are covered under the ADA because your health condition rises to the level of a disability and that you are hereby requesting additional protected leave as a reasonable accommodation for your health condition. You would then want to provide as best as you possibly can an approximate return date and set forth whatever facts you can to support why holding your position for that length of time will not cause your employer to suffer undue hardship.

This should get your employer's attention and they really should reconsider their position. If they don't and they still let you go, your next step would be to file a complaint for violation of the ADA with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,395
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Good
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,395
14,395 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I was off from my job March 2017, I received severance. The
I was laid off from my job March 2017, I received severance. … read more
Michael Bradley
Michael Bradley
JD
1,498 satisfied customers
I do not know what to even asked because I being played by
I do not know what to even asked because I being played by employer and I need someone to help me fight this. Yes, they can let me go whenever they want too. I don't care about that I know I have been… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
My first adult seizure was 7/20/13 and the next one was on
My first adult seizure was 7/20/13 and the next one was on 7/28/13. I went to 2 different emergency rooms right away. The first ER referred me to a neurologist. The neurologist appointment was set for… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have been off work since July 2012 on short term disability.
I have been off work since July 2012 on short term disability. It expired 17th of Dec 2012 when my 12 weeks of FMLA time was up and I applied for my long term disability. There was an issue that came … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
work for major copper company and was hurt on job have been
work for major copper company and was hurt on job have been waiting over 3 months and for workmans comp in az and now out of short term disability and can be terminated after 12 weeks of short term di… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have medical issues and am very young, I enjoy working and
I have medical issues and am very young, I enjoy working and my job however my medical problems are causing me to suffer and struggle through the work day. I don't know what to do and worry for my fam… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
Can an employer terminate your insuance and let you go while
Can an employer terminate your insuance and let you go while you are under Temporary total disability compensation (TTD)… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I worked as a full time nurse practitioner. Last year I was
I worked as a full time nurse practitioner. Last year I was out of work on FMLA for breast cancer and pulmonary fibrosis, both newly diagnosed. I used all my leave and FMLA time and tried returning to… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
do the company have to offer me disability or can they straight
do the company have to offer me disability or can they straight out fire me on what someone said? also, can i make the company give me a report of their eeo investigation they did that i filed with th… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have mulitple sclerosis and am currently in the middle of
I have mulitple sclerosis and am currently in the middle of an exaccerbation. I work at a physcian owned hospital. My position is Manager of the anesthesia department. The company does not offer short… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have advance formal notification that my job will be terminated
I have advance formal notification that my job will be terminated September 13, 2010. As part of the termination I will receive a lump sum severance pay package. Last week I was diagnosed with brain c… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My case is very complicated so I will try to summarize the
My case is very complicated so I will try to summarize the important facts. 'I was employed by XXX from February 26 2007 to May 10, 2008 when they terminated my employment. I was suffering from an ill… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Question, regarding employment. My husband Shawn tore his
Question, regarding employment. My husband Shawn tore his ACL on Dec 19th 2009, and is having problems with his employor and his work excuse, and they are denying him coming back to work until he gets… read more
EPLLAW
EPLLAW
Attorney
Doctoral Degree
158 satisfied customers
im on short term disablity which runs out feb 28th i been
i'm on short term disablity which runs out feb 28th i been off for around 5 months with disk problems in my neck, which i'm finally haveing surgery feb 22 won't be able to work for atleast 3 to 4 mont… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
what is the law regarding workers leave of absence regarding
what is the law regarding worker's leave of absence regarding illness/surgery? if you are out for 3 months or less your company must offer your job back to you, and you get no paycheck during your lea… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I got 6 months of short term disability they combined it with
I got 6 months of short term disability they combined it with FML with that can they do that?… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers
I pay for the buy up short term and for the voluntary long
I pay for the "buy up" short term and for the voluntary long term disability from every pay period. March 28th I had to go on FMLA for knee surgery. I had to have a second surgery on July 9th on the s… read more
CDlaw
CDlaw
Doctoral Degree
48 satisfied customers
I am a registered nurse in florida. I have been employeed ...
I am a registered nurse in florida. I have been employeed with the same hospital for 25 yrs, 8 of those years being a part time employee. I requested FMLA from HR. I have a doctors script regarding th… read more
Paralegal Bill
Paralegal Bill
Associate Degree
1,110 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x