Is it considered discriminating for an employer to put me on unpaid leave until i can provide documentation that im not disabled anymore?

UPDATED: Oct 1, 2022

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Is it considered discriminating for an employer to put me on unpaid leave until i can provide documentation that im not disabled anymore?

I have seizures and my employer did not
accept a doctors note clearing me to
work because it did not guarantee I will
never have a seizure again.

Asked on September 4, 2017 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Did you have the seizure at work? If so, this is not discrimation. Discrimination would be suspending, etc. you because you simply because you have a seizure *condition* even if it never impacted work--but an employer may take action based on what actually happens at work. An employee having seizures at work disrupts work; can expose the employer to liability, if during the seizure that employer is hurt or someone accidentally hurts another (e.g. knocks another person down, knocks hot coffee on someone, etc.); and also can can hurt business, if the employee is in a customer-facing role and the seizure(s) frighten or disturb customers. An employer is not required to accept these risks or costs, so if you had seizures at work, can require you to provide evidence it is "safe" for you to return to work.

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 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.

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