QUESTION

I work part-time at a nursing home. After knee surgery, I have a dr note to return to work for 3 hours a day but the nursing home has refused to put

Asked on Oct 12th, 2011 on Labor and Employment - Illinois
More details to this question:
me back on the schedule for 3 hours. What legal rights do I have to force them to put me on the schedule?
Report Abuse

1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
Update Your Profile
You probably do not have a legal right to force your employer to put you back on the schedule with reduced hours.  While your knee surgery may well mean you qualify for protection from discrimination as a person with a disability (the law also prohibits discrimination against you based on your employer's perception that you are disabled, or because you have a medical history of disability), you may not be able to perform the "essential functions" of  your job, which includes working a full shift.  Many employers provide "transitional work" for persons who are unable to resume their full duties for a short period of time, but your employer may not.  In addition, while an employer might be required to accommodate your condition, it may be unreasonable to require the employer to allow you to work a reduced schedule for a variety of reasons.
Answered on Oct 13th, 2011 at 1:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters