Legal Question in Disability Law in Kentucky

Re: Birth defects

While your questionis complex and does not provide sufficent info to give a complete answer, Iwill try to give you some general information. First under the Americans with Disabilities Act, if a major life activity is affected due to your disability, such as walking, talking, breathing, ability to work, etc., then you may not be covered under the ADA. If your employer believes your are disabled (percieves you as disabled) then you are covered regardless of major life activity being affected.

If you are covered under the ADA, you are entitled to reasonable accomodation regarding the performance of your job.. This can mean time off, intermittent scheduleing, etc. The company need not create a position, nor change the essential duties of your job.

Second, your employer must treat you the same as all other employees. Thus if it has a policy which indicates a maximum permissible leave for anyone for any reason, then the employer is within its rights to terminate you. If you are disabled, then you may ask for an accomodation to extend your permissible leave if this will help you perform your job.

Third, you have FMLA rights, and are entitled to reinstatement if you exhaust your 12 weeks of leave and then return at the end of twelve weels. Talk to the Department of Labor for more details

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335