Would I have a potential ADA case?

UPDATED: Oct 1, 2022

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Would I have a potential ADA case?

An employer with more than 15 employees that is aware of my mental disability is thinking of firing me for going to the emergency room today before work and having a doctor’s orders to stay home from work today. I freaked out at the severe edema in my legs this morning and got paranoid due to my bipolar. I’ve only worked there 6 days with no absences but have worked here previously a year ago for 3 years total but got fired a year ago because I would miss occasional work due to my bipolar and even with doctor’s notes they fired me. They hired me back a year later 6 days ago. I’m waiting on return call for their decision in which if they state they are going to terminate me I’m going to ask are they not going to provide reasonable accommodation for my disability. If I do get terminated is my employer breaking ADA law? And, if so, do I have a case?

Asked on March 3, 2018 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Missing work is not a "reasonable accommodation"; thereofore, if you miss work without using either--
1) Paid time off which you accured, and/or
2) FMLA leave (which you would likely not be eligible for in these circumstances)
--you could be terminated. Remember: a "reasonable accommodation" is a change to rules or procedures which lets you *do* your job--not miss it. To miss work is to not do your job. The law does not require your employer to let you miss work unless you use PTO or FMLA.

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