Legal Question in Employment Law in Georgia

I have been working in law enforcement field over twenty years. I 2005 I had emergency surgery on my cyith on my ovaries. Couple days later release. Return to hospital, advised them of the pain he check my stomach and said it had to do with the surgery. I return home in pain and around four I rush back in ambulance my small bowel had several holes and leaking in my stomach and if I wouldn;t have came to emergency room I would have died. I return to work after a couple of month. In 2006 was transfer clsoer to hime, I have not been the same since, everything i eat come right out tried different medication. In 2011 doctor advised my job of my limitation and and profile indefitely, he could only honor it for two weeks. I was listen to call for two weeks and return to shift work in a unit with 140-160 inmates alone. I have been in out of work due to stress,low blood and iron and hospitalized several time. I recieved a another profile and asking to accomidate my health concern. I work where every i was told for eight hours I didn't eat while at work so I don't have to use the rest room. I had to take to medication while on duty which made me drowsy and they knew about different medication. In Jan 2013 for two weeks I was place on light duty and was sent home because the job have no light duty job, I went throught my file amd pull out all my medical profile and showed it too human resource manager and she ask did captain knew about I told her yes and the lieutenants. I went to talk to talk to the warden and human resource manager was already in with warden talking to him. I went in to talk to him and i was told I couldn't come back to work unless I was 100& and with medical problem that would be had to do, he advised as an officer a=i need to be able to work in any part of the institution. I knew it had to be cause of what the doctor wrote and i was never accomindated for my medical profile and through the years I my condition worsen and now I can't come back to work unless Im 100% and I know that would impossible with me going GI doctor and regular doctor for blood Out of work

Asked on 1/31/13, 8:08 am

1 Answer from Attorneys

Lisa Golan Lisa B. Golan, Attorney at Law
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Whether you have a potential claim against your employer and the best approach to your situation depends upon your current medical situation, the limitations imposed by your doctor and the essential job functions of your position or other potential positions with your employer. Under the Family and Medical Leave Act (FMLA), if you meet the eligibility criteria, you are entitled to 12 weeks of FMLA leave per year and to be restored to your position thereafter if you have a serious illness that prevents you from performing the essential functions of your job. This leave may be taken on a reduced hours or on an intermittent basis. What this means is that if your only current restriction is the number of hours you can work, you may be entitled to use FMLA leave to reduce your hours and allow you to return to work. Alternatively, again, depending on your limitations and assuming that you have either a disability or record of disability as defined by the Americans with Disabilities Act (ADA), you may be entitled to a reasonable accommodation that allows you to perform your essential job functions or to transfer to a vacant position that you are qualified and able to perform. If, on the other hand, you cannot perform your essential job functions with a reasonable accommodation and/or FMLA leave, you may want to explore your right to short term or long term disability benefits and/or social security disability benefits.

Please know that this is general advice that may not be applicable to your situation. By responding to your posting, I have not agreed to represent you, and you remain solely responsible for meeting the conditions for pursuing any potential claims that you may have. I strongly recommend that you contact an attorney if you wish to obtain legal advice about your situation.

For more information about your rights under the FMLA - search FMLA at www.dol.gov, for more information about your rights under the ADA - search ADA at www.eeoc.gov, and for more information about your right to disability benefits ask your employer and plan administrators for copies of your disability benefits policies, plans and summary plan descriptions and how to apply for benefits. If you do not have private benefits, you may also want to look at the disability section of www.ssa.gov.

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1/31/13, 9:25 am

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