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I have FMLA intermittent leave, and recently asked for ADA accommodation..was told I am not Disabled & can try my luck w/SSD

Philadelphia, PA |

So, I recently asked for an ADA accommodation but made the mistake of submitting my request without my doctor backing me up in supporting documentation, however my HR manager has been playing games for what seems to be ever since my accident and it all culminated into this. I was told prior to my ADA R.A. meeting whenever I am out for intermittent FMLA leave that I must bring in a fitness to duty work note or a note stating the day I can return to work, so my last dr. appt they filled out their standard letter which is stamped by a nurse and says they saw me on such and such a day and I can return to work on this day full time without restriction. They have received the same note previously. Now they are stating that this note clearly indicates I am note disabled by the definition and I ca

can try my luck with SSD because they (my company) is not a welfare service. I was told that I am "at will" which I kno n that I can't n won't ever be given the accommodations I asked for which incl. when I take intermittent leave to b allowed to work from home n to have a flexible work schedule. I asked that if I handed in my doctor's docs. will they reconsider, they said "no" n said its not in my job desc. n that they need someone who can perform my job. They are contending that clearly my specialist doctor believes I can return to work full time, I replied that is just a note that the nurse gives to everyone indicating which day I intend n they believe I am capable of returning to work. It was truely embarrassing, I felt harassed into returning to work full time before I am ready all over a note I was basically tricked into getting.

Attorney Answers 1


  1. As an employment lawyer representing people across Pennsylvania, I constantly see HR departments (like yours) misapplying the legal standards when it comes to disability, ADA, and the FMLA. Since you case is rather intricate, you will need a full consultation with a Pennsylvania employment lawyer as these issues can become pretty nuanced. It would also probably be a good idea to retain an attorney and begin asserting your rights while you are still employed.

    Kraemer, Manes & Associates LLC ("KM&A") only offers general purpose information and in order for legal advice to potentially be rendered, as per our policy, a person must contact KM&A through the web at lawkm.com or through Attorney Michael Kraemer who can be reached directly at 412-626-5560. Further, Avvo makes it extremely clear that attorney answers to questions are for general purposes only (i.e. nothing posted to Avvo is legal advice) and does not establish an attorney-client relationship, nor are any communications privileged. At KM&A, we devote our practice to Employment, Business, Personal Injury and Litigation. Employment includes discrimination based upon age, disability, gender, sexual harassment, race, national original, overtime, unpaid wages, military service, among other things. Business includes representation of small business for all types of matters as well as minority-majority shareholder disputes. Personal injury includes automotive accidents, premise liability, wrongful death, and all sorts of other injuries. Litigation includes all types of civil litigation across Pennsylvania. Since an attorney-client relationship has not been created, you must talk to an attorney to see if they are willing to undertake your representation and on what terms. Feel free to view our Universal Terms of Service: www.lawkm.com/clients

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