Can my employer fire me for requesting light duty for documented medical reasons for a temporary period of time?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption