Legal Question in Disability Law in Massachusetts
Short Term Disability
I need to return to work after being out on Short Term Disability for a double knee replacement surgery. I want to return, but I still need to use a cane. My employer said I cannot return with a cane? Is this legal? Thank you very much for your help!
1 Answer from Attorneys
Re: Short Term Disability
The employer has to make "reasonable accomodations" available to you to accomodate your disability. It is probably unreasonable for the employer to prohibit you from using a "medically-necessary" cane, to protect your injury and ensure proper healing (unless you are a runway model or professional athlete, or employed in some other unusual way where a cane would take away from the very purpose of your employment purpose).
Tell the employer MA law requires him/her to make "reasonable accomodations" in light of your disability, and that the cane is "medically necessary." Offer to provide him/her with a doctor's note indicating the cane is necessary because of the injury.
If the employer still will not budge, feel free to contact me directly.
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