Earlier in the year I used up my accrued sick time for the extraction of impacted wisdom teeth. However two teeth could not be removed because they were grown into the bone and requiered a different surgery and six days to recover. I am not eligible for FMLA because I've only been with my employer for 9 months.
They've asked me to have ADA paperwork filled out by my surgeon to cover my absence and if approved I'd be able to use accrued paid short term disability time.
Is this somthing that ADA would cover/approve? Will this affect my returning to work at all?The teeth and bone have become infected now causing me to need the surgery sooner than I had originally planned.
Possibly. The question of whether ADA would require your employer to accommodate your situation involves a fact-intensive analysis. If your condition qualifies as a disability, your brief leave of absence my constitute a reasonable accommodation. You should retain an attorney to review the specific facts of your case in order to protect your rights under the FMLA and the ADA.
This response does not establish an attorney-client relationship, nor should it be construed to constitute legal advice. For confidential legal advice, please contact me directly.
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