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In Massachusetts if the small business company with 22

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In Massachusetts if the...

In Massachusetts if the small business company with 22 employees that I work for as a full time employee asks me to take a leave of absence because I can't give them the full time position that they need right now. I was in a car accident a few months back and have back issues and headaches and my doctor gave me a medical note that said I can't work after 5 hours a day indefinitely until I feel better . I also have to take one full day off a week to go to doctors ? can my employer ask me to take a leave without pay? the company does not have short or long term disability ? the company said that they need me here full time and I can't give them those hours ? does the company have any obligations to pay me and can they ask me to take a leave of absence ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time / at wil

Submitted: 7 months ago.Category: Employment Law
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Answered in 16 minutes by:
9/28/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,823
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. First, to answer your question about pay, no, an employer never has a duty to pay an employee for any time the employee doesn't actually work unless the employer offers vacation and paid sick leave and the employee has that time left. So, for example, if you have sick leave left on the books, you could take that time and receive pay for it. Otherwise, the employer doesn't have a duty to pay.

As for what the employer has a right to do in the case of an employee who has a medical condition that interferes with the performance of their duties that they are needed to perform (including hours worked, shifts, days, duties, etc.), that depends on the situation. Under the Americans with Disabilities Act (ADA) an employer must accommodate an employee's request for reasonable accommodation (which is what you are requesting with the reduced hours and days) if they can do so without causing an undue hardship on the business.

I have no idea what the EEOC or a court of law would decide in your case should you file a complaint or suit, but I can tell you that the smaller the employer is, the more likely that letting an employee take the time off you have requested would be considered an "undue hardship." But, it really depends on all of the facts and circumstances that the EEOC or the court have in front of them.

If the accommodation would be considered an undue hardship on the employer, then the employer can treat the employee like any other non-disabled employee they have. In other words, they can terminate them if they have an attendance policy that they enforce or terminate them if they can't fulfill the job requirements.

You might want to sit down with a local employment law attorney who handles ADA issues and who can gather all of the necessary information and see if they think you might have a valid claim against the employer if they deny your accommodation request.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide the relevant information to you, then the Sit will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Category: Employment Law
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Experience: Licensed Attorney with 29 yrs. exp in Employment Law

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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.

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