Legal Question in Disability Law in Kentucky

epilepsy and work

I have been off work for around 3 months due to partial complex seizures, these seizures are now well controlled, and my dr. has released me with only one or two minor restrictions that really do not apply to my job. However, the company is still finding any reason they can to not let me come back. Do you have any advice?

Asked on 8/22/08, 3:19 pm

2 Answers from Attorneys

Mike Troutman Troutman & Hays, PLLC

Re: epilepsy and work

What kind of job do you have and what are your duites? Why will they not allow you to return to work?

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Answered on 8/22/08, 3:37 pm
Andrew Dutkanych III Biesecker & Dutkanych

Re: epilepsy and work

You should try interact with them to find an accommodation that allows you to return to work. If there is a function of your position that you are not able to perform, you should tell the company why that duty is not an essential part of the job or what can be done to allow you to perform the function.

Also, if you were released to return to work prior to the expiration of 12 weeks of leave and they did not restore you to your position, then you may have an FMLA claim against the Company.

Much of your situation depends on your condition, how long you were off and the type of position that you hold. If you need more information feel free to contact me at [email protected] or at our Evansville or Louisville offices.

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Answered on 8/22/08, 3:59 pm

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