any rights

[bingorilla]

Jurisdiction

Massachusetts

i have osteoarthritis in my left thumb. i had surgery to remove arthritic bone and thumb was put back together. have had 3 months of rehab and have exhausted my fmla. my thumb now has problems which still prevent me from doing the physical demands of my job. I am on non fmla right now. do i have any rights? Is this still concidered a disability after surgery?

 

[cbg]

I am also in MA.

Once your FMLA has expired, your employer has no further obligation to return you to work. While they MAY continue your leave (without FMLA protections) they are not REQUIRED to.

Whether your specific injury is considered a "disability" depends on how you are using the term and what you are looking for the definition to do for you. It may well still be a disability for purposes of your STD benefits (if any). However, just having a "disability" does not mean that you're automatically entitled to additional protected leave time. IF your condition qualifies for protection under the ADA, a SHORT extension of your leave might be considered a reasonable accommodation, but not an unlimited extension or even a long extension. Even under the ADA, you are still going to have to be able to return to work and perform the essential duties of your position. If you cannot, your employer does not need to continue your employment.

The bottom line is, if you are looking for a guarantee that you can take as much time as it takes for your thumb to heal and still be guaranteed your job back at the end, sorry but I cannot give you that guarantee.

I do have one question, though. Is this considered a work-related injury? If so, MA has a unique law that MAY provide you with a bit more protection that you would receive in any other state or in MA with a non-work-related injury.

 

[bingorilla]

I am also in MA.

Once your FMLA has expired, your employer has no further obligation to return you to work. While they MAY continue your leave (without FMLA protections) they are not REQUIRED to.

Whether your specific injury is considered a "disability" depends on how you are using the term and what you are looking for the definition to do for you. It may well still be a disability for purposes of your STD benefits (if any). However, just having a "disability" does not mean that you're automatically entitled to additional protected leave time. IF your condition qualifies for protection under the ADA, a SHORT extension of your leave might be considered a reasonable accommodation, but not an unlimited extension or even a long extension. Even under the ADA, you are still going to have to be able to return to work and perform the essential duties of your position. If you cannot, your employer does not need to continue your employment.

The bottom line is, if you are looking for a guarantee that you can take as much time as it takes for your thumb to heal and still be guaranteed your job back at the end, sorry but I cannot give you that guarantee.

I do have one question, though. Is this considered a work-related injury? If so, MA has a unique law that MAY provide you with a bit more protection that you would receive in any other state or in MA with a non-work-related injury.

It

 

[bingorilla]

It is not workers compensation. It did contribute(the Job) to the every day wear and tear. Is it not discrimination to fire someone if they have a disability? Especially seeing that that disability prevents me from doing my job.

 

[txls]

If you can't do your job, why should they keep you?

 

[cbg]

No, it's not. It is illegal discrimination to fire someone for no reason other than that they are disabled, but it is not discrimination at all to fire someone who is not able to do their job, EVEN IF the reason is medically based.

Not to mention the fact that not all injuries/illnesses are covered under the ADA and we have not yet established that yours is.

 

[Betty3]

If your disability is covered under ADA (we don't know if it is), you would need to request a reasonable accommodation (if there is one). However; even with an accommodation, you would have to be able to do your job duties. Some additional time off work might or might not be a reasonable accommodation.

 

[ElleMD]

It is going to be very difficult to get an arthritic thumb to fall under ADA.

 

[cbg]

And if it doesn't fall under the ADA, we're left with FMLA, and if FMLA is already up, that's the ball game when it comes to protected rights.

 

[army judge]

It is going to be very difficult to get an arthritic thumb to fall under ADA.

That's what many people fail to understand.
Thank you for pointing out a key factor insofar as these types of allegations.