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Legal Eagle Eye Newsletter for the Nursing Profession (4)14 Nov 96 PDF Version Quick Summary: A person bedridden and unable to perform any work after major surgery is not a qualified individual with a disability.An extended medical leave-of-absence for an employee unable to work is not required from the employer as reasonable accommodation to a disability under the disability-discrimination laws. UNITED STATES DISTRICT COURT, FLORIDA, 1995.After a diabetic hospital employee had part of her foot amputated, she was bedridden and unable to do any work. She asked for a one-year leave-of-absence, but instead was let go from her employment. The U.S. District Court for the Southern District of Florida upheld the hospital’s decision to terminate her rather than grant her request for an extended medical leave-of-absence. The court ruled there was no violation of the Americans With Disabilities Act. A person incapable of doing any work whatsoever while recovering from surgery is not a "qualified individual with a disability" as defined by law. There is no legal requirement for an employer to attempt to accommodate such a person’s needs by offering an extended medical leave-of-absence with partial salary, the court said. The hospital met its obligations by offering this employee the option to re-apply for a vacant position after she had fully recovered. Dockery vs. North Shore Medical Center, 909 F. Supp. 1550 (S.D. Fla., 1995). |
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