Legal Question in Disability Law in Virginia

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

Asked on 1/18/12, 6:09 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

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.

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Answered on 1/19/12, 11:51 am


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