Terminated Due to Disability

**Eri** · 02-12-2012, 01:59 PM

My question involves labor and employment law for the state of: ca I was previously employed by an agency of the federal government but was terminated because of excessive absences related to my invisible disability. I was under a probationary period but at the time I qualified for FMLA so there was no grievance process to pursue.

**aaron** · 02-12-2012, 02:19 PM

Was your employer aware of your disability? Did you request any accommodation? This happened how long ago?

If you had been employed for more than a year and were in probationary status, why was that the case?

**cbg** · 02-12-2012, 03:32 PM

And when you say excessive absences, how many absences and of how long do you mean?

**Eri** · 02-22-2012, 07:44 AM

Quoting aaron

Was your employer aware of your disability? Did you request any accommodation? This happened how long ago?

If you had been employed for more than a year and were in probationary status, why was that the case?

My employer was aware of my disability because I had to talk with admin supervisors and a manager because of the abscences. The federal agency had a two year probation period but one only had to be employed for a year to qualify for FMLA, which I did submit to a manager seven days before I terminated.

Quoting cbg

And when you say excessive absences, how many absences and of how long do you mean?

At least 25 days of missed work over a period of eight months.

This all occured in Feb. 2010

**cbg** · 02-22-2012, 09:19 AM

25 missed days of work in 8 months is a LOT. If you only worked there for 8 months, you were not eligible for FMLA, which has a statutory waiting period of one year of employment.

Did you ever request an accomodation? If so, what was it? (FYI, simply telling your employer that you have a disability is NOT the same as asking for an accomodation)

**Mr. Knowitall** · 02-22-2012, 09:36 AM

Even less so if the employer is told of the disability for the first time a mere seven days before termination.

**antrc170** · 02-22-2012, 12:53 PM

Also, simply telling an employer that you have a disability is not enough. Did you provide documentation for your disability from a doctor or other board that has evaluated your condition?

**PandorasBox** · 02-22-2012, 04:34 PM

Did you disclose this disability on your job application?

And did you ask for an accommodation in writing?
Did you state on the application, to the effect of you could perform all the duties of your job with or without reasonable accommodation, and just checked "YES" and never made mention of disability or accommodations?

8 months = 34.4 weeks. 25 absences. That is about 1 missed day for every 8 days scheduled. Do you see where an employer would have a problem with this? They have a business to run and need a reliable person there every day, with only missing reasonable time (4 days a year max is reasonable).