What to do about a disability and the ADA?

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What to do about a disability and the ADA?

I work for a pharmacy. Company policy says no drinking or restroom breaks except on your breaks. I have just been diagnosed with gall stones and a kidney stone. My doctor wrote a not to work saying that I would need to drink water every 1-2 hours and use the restroom as needed. I have been off work for 2 1/2 weeks while they did an ADA. I have just received word that they denied the ADA and was told that I had 2 choices – come back to work and not be accommodated, or apply for a FMLA and apply for short term disability. As it is now, I have had to use my sick time until they worked on the ADA. Is this legal?

Asked on October 15, 2012 under Employment Labor Law, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This appears to be legal as kidney stones and gall stones are considered a temporary malady, in which case, surgery would cure these ailments and you would be required to then use FMLA and sick time and other personal time concurrently for up to 12 weeks in a calendar year. You would need to immediately seek a claim through disability.


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