In general, to be an eligible employee, the employee must:
Work for a covered employer;
Have been employed by the employer for at least 12 months;
Meet the hours of service requirement during the 12-month period immediately preceding the leave; and
Work at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.
The FMLA:
Covers only certain employers;
Affects only those employees eligible for the protections of the law;
Involves entitlement to leave;
Maintains health benefits during leave;
Restores an employee's job after leave;
Sets requirements for notice and certification of the need for leave;
Protects employees who request or take leave; and
Includes certain employer recordkeeping requirements.
So you have already established that you do not qualify for job protection under FMLA. Although you may not have met the required criteria for this protection, the employer has a duty to engage in what is knows as "The interactive Process" in which the employer determines based on the specifics of your request if there is a reasonable accommodation that may be made that would not impose an "undue hardship" to the employers operations that falls under the Americans with disabilities act, also known as the ADA. In order to qualify for an accommodation under the ADA you must have met the criteria under the ADA's definitions below:
An individual with a disability is a person who:
Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.
Reasonable accommodation may include, but is not limited to:
Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
Job restructuring, modifying work schedules, reassignment to a vacant position;
Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
This information provided is not an exhaustive list and is only meant to provide general information. For your convienecne we have included links to several useful web sites to help you better understand your right under FMLA and ADA.
Resources
Equal Employment Opportunity Commission (EEOC). Reasonable Accommodation and Undue Hardship under the ADA. http://www.eeoc.gov/policy/docs/accommodation.html(link is external).
Equal Employment Opportunity Commission (EEOC). Disability-Related Inquiries and Medical Examinations of Employees under the ADA. http://www.eeoc.gov/policy/docs/guidance-inquiries.html(link is external).
Equal Employment Opportunity Commission (EEOC). Enforcement Guidance: Pregnancy Discrimination and Related Issues. http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm#amer(link is external).
The Job Accommodation Network. Accommodations, ADA and Light Duty. https://askjan.org/corner/vol03iss05.htm(link is external)
Office of Disability Employment Policy (ODEP). Employment Laws: Medical and Disability-Related Leave. http://www.dol.gov/odep/pubs/fact/employ.htm.(link is external)
Overview and additional information about the FMLA from U.S. Dept. of Labor: http://www.dol.gov/whd/fmla/index.htm (link is external).
Overview of sick leave from the U.S. Dept. of Labor: http://www.dol.gov/dol/topic/workhours/sickleave.htm(link is external)
FMLA Frequently Asked Questions from U.S. Dept. of Labor: http://www.dol.gov/whd/fmla/fmla-(link is external) faqs.htm#10
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