Was out of work on FMLA due to birth of child, I was injured during delivery and have doctors note not to return to work until the issues are resolved. When I called my employer to request further unpaid time off to obtain the medical attention and release to return to work (possibly able to return to work 4 weeks after FMLA expired) I was terminated over the phone- would asking for further unpaid time off for medical reasons constitute a resonable accomodation under the ADA? Thanks
1 Answer from Attorneys
No, not likely for an ADA claim but you might have a remedy under the
federal Pregnancy Discrimination Act of 1978 (as an amendment to Title V11 of the Civil Rights Act of 1964) if other employees of this
15+ employee company are routinely given temporary disability leave
for reasons of pregnancy.