TN…Can my employer let me go if I have a new disability and need work accommodations?

I recently hit my head, then a few weeks later, I bumped it lightly again, and my concussion got worse because I wasn’t fully healed yet. I was off work for 3 weeks, then came back with reduced hours. This has been going on month-to-month since August.

My employer contacted my primary doctor for some clarification on my medical note, and the doctor told them it’d be the last note they’d give. Now my employer says I must be back to full-time by November 1, but I just can’t do it. My job is mentally demanding, and I’m barely able to work 2-3 hours a day now.

I finally saw a concussion specialist who said if I keep pushing myself, I won’t get better. I was diagnosed with post-concussion syndrome, which means these symptoms could last months or years. I’m now supposed to work just 3 days a week, up to 5 hours a day, but with a 30-minute work, 15-minute break rotation. Also, I’m not allowed to drive until I’m cleared by an occupational therapist.

With all these new restrictions, can my employer fire me because of my condition here in Tennessee?

The restrictions you’re asking for are quite a lot, especially for a small company. Under the ADA, they don’t have to give accommodations that are too difficult for them to handle, especially if you’re asking for a lot of reduced hours. But you can still file a claim with the EEOC and see if they’ll support your case.

@Skylar
Do you think it’s still considered unreasonable even though it’s for a brain injury that could improve with time and treatment?

Faithjones said:
@Skylar
Do you think it’s still considered unreasonable even though it’s for a brain injury that could improve with time and treatment?

To be protected by the ADA, you need to be able to do the main parts of your job, with or without help. Being at work is usually a main part of any job. Since you said it’s a small company, this kind of work reduction could be a big issue for them. If the injury will last a while, you may need to think about applying for Social Security disability if you can’t keep working.

@Skylar
Is Social Security disability different from short- and long-term disability through an employer? I always thought you only got disability coverage through work benefits.

If you don’t qualify for FMLA, then yes, they can let you go. Your request for a significantly reduced schedule might not be seen as reasonable under the ADA since it doesn’t allow you to perform all your essential job duties. Job accommodations are meant to help you do the full job, and working only part-time might not meet that standard.

@Ash
Thanks for the advice. I guess I’ll need to look at other options in case they do let me go over this.

Your employer could argue that your requested schedule is too much of a hardship. They need to rely on you to complete your work, and if you’re only working 3 days a week for a few hours, that might not be enough for them.

Also, can you get reliable transportation if needed? Not being able to drive might add more difficulty for your employer. And do you have financial support to make up for the reduced work hours? It seems like only working around 10.5 hours a week won’t be enough for your bills.

If your job has any form of disability coverage, that might be a good option to explore. An unpaid leave of absence might also be worth asking about, to see if they’d hold your job while you focus on recovery.

They can’t fire you just because you have a disability. But if the disability prevents you from doing your job, even with reasonable help, they might be allowed to let you go. You may need to think of accommodations that still allow you to handle your core duties, if keeping this job is your goal.

Do you know if you qualify for any FMLA time? Because only being able to work 15 hours a week with so many breaks might be tough for them to accommodate.

Keir said:
Do you know if you qualify for any FMLA time? Because only being able to work 15 hours a week with so many breaks might be tough for them to accommodate.

Since it’s a small company with just over 20 people, FMLA isn’t available to us. If I lose this job, I’m not sure how I’ll make it financially.

@Faithjones
That’s rough. If you had FMLA, it could give you some protection, but it’s unpaid and limited. ADA accommodations are only to help you do all parts of your job, not just some. Make sure to focus on getting better. Are you able to get any kind of disability benefits?

@BrianMorris
I don’t think so. Our work benefits aren’t great, and I didn’t expect this to happen so soon in life, so I didn’t get disability insurance. My wife’s work benefits also don’t cover short-term disability.