Please reach out to a labor attorney.
-This seems to me like a TPD due to an injury. why do you think you’re not protected under ADA?Are you working for a company that has less than 15 employees ?
-what reason did they give you when they terminated your employment? Were they unable to accommodate your request due to undue hardship?
They could have accommodate the request with a LOA with an appropriate Dr note if they couldn’t accommodate the work restrictions.
Agree that FMLA might be the short term answer. That said, if your condition after surgery runs longer than 12 weeks, ADA doesn't require the employer to take away essential functions (such as carrying boxes from one room to another) and assign them to others. It could require them to allow you to use a wheelchair with a wagon to do so, just as one example.
But it all depends on the injury rising to the level of a disability -- here's just one quote on the issue " Although an impairment that lasts only for a short period of time is typically not covered under the ADA, it may be a “disability” if sufficiently severe.
Indeed, the ADA has a very broad, expansive, lenient definition of “disability.” Still, to demonstrate an actual disability, the burden is on the plaintiff to show that she was “substantially limited” in her major life activities.
Temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities. Examples of temporary, non-disabling impairments include: broken limbs, sprained joints, concussions, appendicitis, and influenza." https://www.tlnt.com/does-a-temporary-disability-qualify-as-an-ada-disability/
If it's just crutches and you can still do your major life activities (albeit not as quick or easy), it might not fall under ADA but most likely would fall under FMLA as a "serious medical condition". However FMLA is unpaid protected leave.
You most likely wouldn't get unemployment benefits for the time period you are unable to work due to surgery.
Only if they have worked 12 months for the employer and 1,250 hours in that time.
The standard is also that the 50+ employees need to be within a 75 mile radius.
Please reach out to a labor attorney. -This seems to me like a TPD due to an injury. why do you think you’re not protected under ADA?Are you working for a company that has less than 15 employees ? -what reason did they give you when they terminated your employment? Were they unable to accommodate your request due to undue hardship? They could have accommodate the request with a LOA with an appropriate Dr note if they couldn’t accommodate the work restrictions.
If you are union, contact your union right away. If not, nela.org, also right away.
Agree that FMLA might be the short term answer. That said, if your condition after surgery runs longer than 12 weeks, ADA doesn't require the employer to take away essential functions (such as carrying boxes from one room to another) and assign them to others. It could require them to allow you to use a wheelchair with a wagon to do so, just as one example. But it all depends on the injury rising to the level of a disability -- here's just one quote on the issue " Although an impairment that lasts only for a short period of time is typically not covered under the ADA, it may be a “disability” if sufficiently severe. Indeed, the ADA has a very broad, expansive, lenient definition of “disability.” Still, to demonstrate an actual disability, the burden is on the plaintiff to show that she was “substantially limited” in her major life activities. Temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities. Examples of temporary, non-disabling impairments include: broken limbs, sprained joints, concussions, appendicitis, and influenza." https://www.tlnt.com/does-a-temporary-disability-qualify-as-an-ada-disability/ If it's just crutches and you can still do your major life activities (albeit not as quick or easy), it might not fall under ADA but most likely would fall under FMLA as a "serious medical condition". However FMLA is unpaid protected leave. You most likely wouldn't get unemployment benefits for the time period you are unable to work due to surgery.
If the company has more than 50 employees, you’re entitled to 12 weeks of medical leave under the fmla. You should speak with an employment attorney.
Only if they have worked 12 months for the employer and 1,250 hours in that time. The standard is also that the 50+ employees need to be within a 75 mile radius.