A number of employers have a 12 month leave policy, meaning that a sick or injured employee that is, as a result of that condition, absent from the workplace is subject to termination of his or her employment. Out of work for a year because you are sick or injured? You're fired, is how these policies work.
But the 12 month leave policies can violate the Americans With Disabilities Act (ADA). I say can, which does not mean will in all instances. UPS recently settled for $1.7 million a suit claiming that its 12 month leave policy violated the ADA. Read about it here: Report: UPS reaches $1.7M settlement over 'maximum leave' lawsuit.
The upshot is that the ADA and its state law counterpart in Kentucky, the Kentucky Civil Rights Act, may provide some legal protection to employees whose injury or sickness has kept them out of the workplace for 12 months or more.
Lexington, Kentucky ADA lawyer Robert Abell represents individuals and employees in disability discrimination suits under the ADA; contact him at 859-254-7076.
Here is some information about a previous ADA case we handled against the Lockheed Martin Corporation: Disability Discrimination - Law Memo Filed in U.S. District Court; Disability Discrimination - Lexington U.S. District Court Opinion and Order; and Disability Discrimination - When the Employer Bars the Employee With A disability that does not impact or affect the job.
