I am on short-term disability due to a personal injury. Can I be fired for being absent from work?
I live in Kansas. I had an accident (on personal time not on company time or company property). My primary physician released me to work with no restrictions but the company doctor placed a restriction on me which limits my ability to do my job. I asked my boss if there was anything else I could do but they denied letting me work with a restriction so I was forced to file for short-term disability which I was approved for after mounds of paperwork and faxes. Long story short I went to a specialist a couple of weeks later who put me on a restriction and I have another appointment coming up where hopefully I will get my restriction released. I have been employed by the company for only about 9 mos. when this occured so I was not eligible for FMLA. I called benefits and they said I am on “leave of absence” and since I do not qualify for FMLA I could face disciplinary action. My company has well over 10,000 employees statewide. My question is this: Will I still have a job when I go back and what gives my company the right to fire me/give me disciplinary action when they refused to let me work (with a restriction) in the first place? What are my rights? Also, would it be wise to consult with an attorney?
Yes, consult with an attorney. The reason they don’t let you work with a restriction is to prevent you from suing them if your job aggravates your existing injuries. That could trigger a WCB claim, which most companies try to avoid.
I don’t know about the disciplinary action or whether you have a job to go back to; all you can do is talk to them, once you have a more concrete day your restrictions will be lifted.
They have to accommodate you. As long as you can do the main tasks of your job with reasonable accommodations and your not a legitimate risk to yourself or others they have to let you work. A leave of absence can also be an accommodation if no others are available. They do not have the right to fire or even discipline you.
I’d talk to an attorney and the EEOC if you feel like they have wronged you.