Legal Question in Disability Law in Massachusetts

all fmla exhausted- cancer patient

employee with co for 17 years exhausted all fmla,vacation and holiday time to continue working while undergoing treatment. employee has been placed on final written warning for attendance issues due to her cancer. is she eligible for protection through the american with disabilities act. any help or advise would help someone maintain their dignity . thank you so much!


Asked on 10/04/00, 9:13 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: all fmla exhausted- cancer patient

To be deemed a qualified handicap individual under the ADA,

you must be able to perform the essential functions of your

job with a reasonable accommodation.

Can you perform the essential functions of your job?

If not, did you request a reasonable accommodation?

Did your doctor write to the company describing

what you were physically capable of doing and the

length of time your activities were to be limited?

Is there a job within the company which you could perform with ot without a reasonable accommodation?

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Answered on 11/02/00, 12:23 am


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