A big misconception among employees is that they are only entitled to unpaid medical leave if both they and their employer qualify under the Family Medical Leave Act (“FMLA”). Our employment lawyers know that this is simply not true. Under the Americans with Disabilities Act (“ADA”), unpaid medical leave may be considered a reasonable accommodation to address an employee’s disability or perceived disability. As an example, this issue was the basis of an EEOC complaint against University of Maryland Faculty Physicians, Inc. (“MFP”), which resulted in a $92,500 settlement. In that case, Doneen King, who answered phone calls and scheduling appointments as a medical practice representative, took two weeks off from work under the medical leave policy while undergoing medical treatment, including , for her Crohn’s disease. When King asked for one more day off, which was outside the medical leave policy, as an accommodation, MFP fired her.
According to the EEOC, “that University of Maryland Faculty Physicians, Inc.’s lateness and attendance policy violated the Americans with Disabilities Act, as amended (ADA), because it did not provide for exceptions or modifications to the attendance policy as a reasonable accommodation for individuals with disabilities.” Pursuant to the consent decree MFP, in addition to paying monetary damages, must revise its lateness and absenteeism policy to allow for reasonable accommodations related to employees’ disabilities.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm is dedicated to protecting employees’ rights and solving employment disputes.
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