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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a disabled veteran. I have had two major surgeries

Customer Question

I am a disabled veteran. I have had two major surgeries since March, including a total hip replacement and will be having the other hip replaced in December. I just received a letter from my employer stating that they cannot keep my job open and I have to send them a check for my medical monthly premiums and other group benefits. They are also terminating my employment. Wouldn't I be covered under the ADA? I have been with my employer for over 11 years. On all paperwork I told them that I was a disabled veteran. This seems completely unfair to me. Thank you, ***** ***** Robbins.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, the law that protects employee jobs when they are out of work is the Family and Medical Leave Act and that is what provides up to 12 weeks of job protection to employees who are out of work for qualified medical conditions. The ADA only provides that an employee must be given reasonable accommodation for permanent disabilities to allow them to perform their jobs, but it does not provide job protection if an employee cannot come to work, as an employer has a right to have the use of the employee. So under the FMLA, you have 12 weeks of job protection in any 12 month period and once that 12 weeks is used up you have to wait another 12 months before you can get another 12 weeks of protection.


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