If I work as a machinist and hydraulics expert and had a seizure this morning, is there something that I can do to protect my job?

They knew I had this disorder when I got hired on. Now my supervisor won’t let me come back to work without a medical release from my doctor and he said I will still get written up for missing a day since I am out of personal or sick days.

Asked on November 7, 2012 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, there probably is nothing you can do. While an employer may not discriminate against an employee due to a disability or medical condition, that merely means they have to make "reasonable accomodations"--or accomodations in how the job is done that are not too expensive, too disruptive, or expose the employer to too much risk of liability. However, the employee must be able to safely due the job. If the employee cannot do the job safely the employer could terminate him or her. A machinest who has seizures puts himself and others at risk; it is not reasonable for an employer to have to take that risk; therefore the employer could refuse to allow you to work unless you can show medical clearance.


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