I was on STD in Omaha, Nebraska and it turned into LTD where 15 days after surgery I was demoted. I had let LEAVES know that my STD was up 2 day after surgery Is this legal?

I was on STD and to have surgery two days before my STD would turn to LTD and 12 Days into LTD I was demoted.
Should a reasonable accommodation have been made for the 12 days to heal from a meniscus tear knee surgery?

1 answer  |  asked Jun 18, 2019 03:50 AM [EST]  |  applies to Nebraska

Answers (1)

Neil Klingshirn
The EEOC has guidelines on whether an additional, unpaid leave of absence should be a reasonable accommodation. https://www.eeoc.gov/eeoc/publications/ada-leave.cfm It sounds like you might have qualified for one.

Whether or not an employer should provide a reasonable accommodation is a fact based question, though. There is no stock answer. You need to consult with an employment lawyer and go over your specific facts with him or her.

posted by Neil Klingshirn  |  Jun 18, 2019 09:06 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500