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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.
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Answered in 3 minutes by:
9/17/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,884
Experience: Significant experience in all areas of employment law.
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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: 13,884
Experience: Significant experience in all areas of employment law.
Verified
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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).

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