i had a permanent 40 lbs lifting restriction because of the removal of my sternum in 2008. in 2010 i had to take a 45 day medical leave using FMLA upon my attempted return to work i was told i could not until i was 100 % healed with zero restrictions
1 Answer from Attorneys
These 100% healed policies have the potential to violate the Americans with Disabilities Act. Depending upon your medical condition and limitations, you could be protected under the ADA, which means your employer has an obligation to explore reasonable accommodation (honoring your restriction). Our firm is currently litigating such a case. Do yourself a favor and contact a qualified employment attorney. Many of us will offer a no-cost evaluation.
Tsamis Law Firm PC
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