Can a job force you to go on medical leave for having wrist pain that does not relate to the job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a job force you to go on medical leave for having wrist pain that does not relate to the job?
I just do not know what to do. My job told me that because my wrists were hurting that I can not come to work until I see a doctor. I did and the doctor said that I have arthritis and chronic dislocating wrists and they are sending me to a specialist. But my lob will not let me work at all even though they can move me to a different department where I do not left 50 to 75 pounds. Do they have to accommodate my disability by moving me to a new department?
Asked on December 29, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employer can generally suspend or terminate an employee who cannot do the job for which he/she is hired. The law does, however, require "reasonable accomodatons" for disabled employees. Assuming for the moment that your condition qualifies as a disability (not all medical conditions do; and whether a particular one does is often a fact-specific question, so it is difficult to answer in general), then the key issue is whether they can make a "reasonable" accomodation.
A reasonable accomodation is one that is not too costly or disruptive to the employer. It can involve a change in duties, but only if (1) there is a legitimate need for the other position--they don't have to make up an unnecessary position, if, for example, they are fully staffed in the other area, or move some other person out of his/her job to make room for the disabled employee; and (2) the disabled employee can do the other job--which means he or she has the necessary experience, skills, credentials, etc. for the role. (Also, the employer does not need to increase an employee's pay to move him/her to a different position.)
If you feel that your condition is serious enough to be considered a disability, and also feel that there are available jobs at the employer which you are qualified to do, then you may have a legal claim. In this event, you should consult with an employment attorney to discuss your case in greater detail.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.