If I become disabled during my employment, am I protected from termination?

Published 12/07/2010 09:38 AM   |    Updated 12/07/2010 09:38 AM
If I become disabled during my employment, am I protected from termination?

Not necessarily. An employee with a disability must be able to perform the "essential functions" of their job. However, an employer MUST ATTEMPT to accommodate the employee so that the individual can continue to perform these functions. This may mean the employee is allowed to transfer to a different position, but only if such a position is available at the time. An employer is not required to create a position for an employee with a disability. NOTE: Employers with more than 50 employees are bound by the Family Medical Leave Act (FMLA), which allows an employee (assuming he/she has worked for a certain period of time) to take up to 90 days of UNPAID leave as the result of his or her own medical issues or those of his or her family member. Contact the U.S. Department of Labor about FMLA. 866-487-9243 -LINK- You may be entitled to Workers Compensation if you sustained an injury in the course of your employment. Call 800-824-2667 for info on filing a claim or visit http://www.dol.gov/.

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