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    Is this right?

    I have been diagnosed for just over a year now. My supervisor has been aware of my diagnosis since last October, when "foot drop" prevented me from driving 6 hours to a meeting. My employer became aware of my diagnosis when my doctor limited my driving distances. This does not affect my ability to perform my job daily. My employer asked my doctor to fill out a form outlining any limitations that I might expierence so that they could better accomodate me. This took place in April. Last week, I was contacted and told that I was off of work effective immediately and that I should apply for FMLA and Short Term Disability (but not give a return date). I have been performing my duties as well as other employees. I drive a company car, so I can understand some of the concern, but it seems that there should have been some discussion regarding ways that I could continue my job. I don't know if I am being overly sensitive or this is the way it is. I have been in a management position with this international company for 6 years. Any advice?

    #2
    You should seek the advice of an employment attorney, who can go over all of the details regarding your employment and job performance.

    While most employers are required to make reasonable accommodations to allow an employee to continue in their job, the definition of reasonable depends on the circumstances. And when those accommodations are made, the employee must be able to continue to perform the job as required, not just part of it. If part of your job requires that you travel and drive (particularly a company vehicle), your inability to drive as required might constitute an inability to perform your job even if you can do all of the other parts of your job.

    If your company thinks you can't perform the job as required and that no reasonable accommodations will change that, requiring you to take sick or disability leave until you can perform isn't necessarily unreasonable or illegal.

    I agree with you that there should have been some discussion regarding ways you could continue to do your job. But your employer did ask for a doctor's report so they could possibly accommodate your needs. That's the reason why you really need the advice of an employment attorney. There are too many issues involved for you to handle on your own, and you don't stand much of a chance on your own against your company's attorneys. FMLA and/or STD will allow you time to get that advice before deciding on your next move. Best of luck on whatever you decide to do.

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