these cases are 'fact sensitive'. what are the requirements for your employment ? does your disability impact upon your ability to fulfill the job requirements ? if so, then the employer has no obligation to keep the position available. the example given in law school is a fireman who is required to carry 165 pounds down a ladder. if the disability does not allow the fireman to carry the 165 pounds, then this person cannot be a fireman. you need a medical report which states that you perform the specific job requirements [100%] with the disability. ed dimon, esq. 732-797-1600
Answered on Aug 11th, 2014 at 1:07 PM