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  1. #1
    Join Date
    Sep 2016
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    Default What to Do if an Employee Keeps Missing Work Over a Back Injury

    An employee of a company in Illinois has been taking time off of work for back pain, and recently disclosed to his employer that he has a back injury dating back to high school that periodically flares up. He recently had an accident in a company truck and took two days off of work for what he said was aggravation of his back condition. He was able to return to work after that time off without restriction. More recently he has missed additional days for back pain, reporting which each call-in that he hurt his back moving furniture at home, standing up in the wrong way, falling on the stairs, and the like.

    The employer wants to fire him for his absenteeism, but is concerned that there may be issues with his past workers comp claim or other issues that could arise due to this being a claimed medical condition. What can they do?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What to Do if an Employee Keeps Missing Work Over a Back Injury

    The employer needs to tread carefully, as the back injury could potentially be protected under the Americans With Disabilities Act (ADA), such that he can qualify for up to 12 weeks of unpaid leave. The workers compensation issue does not seem to be the primary problem, given that the worker returned to work without restriction, claims no residual injury, and with that absence being only a small part of the problem.

    The employer should consult an employment injury about whether the ADA is likely to apply to the employee's medical condition before taking action.

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