Can my employer fire me for requesting light duty for documented medical reasons for a temporary period of time?
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Can my employer fire me for requesting light duty for documented medical reasons for a temporary period of time?
I work as a teacher assistant and I am experiencing some back pain. I am
currently under chiropractic care for back pain. I support a student in
a very physical gym class. I requested change my schedule as I complete
back therapy with my chiropractor. My employer informed me that I
would not be allowed to temporarily change my schedule and future
request need to go through HR. I am concerned about losing my employment
if I make a request to HR.
Asked on August 18, 2017 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They may be able to terminate you not for making the request, but if you cannot do your job while being on "light duty." While an employer needs to accommodate employee disabilities, a "reasonable accommodation" is some change in how a job is done or the provision of some assistive device, which change or device is not too expensive or disruptive, *and* which lets you do all the core functions of your job and work your full normal hours. Working less hours or not doing the core elements of your job is not considered reasonble, and so an employer does not need to accommodate you those ways, even on a temporary basis or even with medical documentation. So if you are seeking to work less or not do core or central parts of you job, they can refuse you that accommodation; and if you then do not do you job or work all your hours, they could terminate you for it.
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