City Employment Termination Rights

Summary

In Louisiana, employers must engage in the ADA interactive process unless it poses an undue burden. Provide medical documentation promptly. If terminated, document the termination, file a complaint with the EEOC for potential ADA violations, and consult an employment attorney for guidance.

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Good Afternoon, You were sent home from work pending medical clearance due to the fact that you experienced multiple seizures on multiple separate occurrences and your position is a safety sensitive position. The City of Slidell is kindly requesting documentation stating your medical condition and clearance to return to work full duty from your doctor. As of today, the City of Slidell has not received any paperwork confirming your medical condition or if you are still able to perform your job duties with said condition. While we have received your word regarding your condition, we require medical documentation before making any decisions regarding your return-to-work status. We cannot evaluate any accommodation requests without receiving the proper medical information and medical clearance to return to work. Because you are not eligible for Family Medical Leave coverage and are out of paid leave (sick leave), we have agreed to give you two weeks of unpaid leave to return the requested documentation and obtain clearance to return to work. We are not in a position to extend the two-week timeframe that was given due to you having no paid leave left and because we have not received any documentation regarding your medical condition or ability to return to work. The Human Resources Department no longer has a fax line. You can send your paperwork to the Legal Department’s fax line at my attention. That number is *-*-*. Since you are on an unpaid medical leave of absence, you are not currently cleared to work. Once you are cleared to return to work you will regain access to your City email. Please return the City cell phone and keys as previously requested. I am hopeful that we will continue to work together to achieve your clearance to return to work soon! Thank you! Thanks, Kaitlin St. Pierre, SHRM-CP Human Resources Director City of Slidell * Second Street, Suite * Slidell, LA * Office: *-*-* Cell: *-*-* Can the city refuse to participate in the interactive process, placing me on lwop and fire me before they have given me time to go through the treatment process based solely alone on a safety sensitive position? I am a Civil Servant
Good afternoon, ****.
Can you clarify if you have already provided any medical documentation to the City of Slidell regarding your condition and ability to perform your job duties? This will help me provide more specific information related to your situation.
I am requesting the medical records from my doctor however they refuse to even engage in the interactive process until they can determine that my medical condition is valid. They also stated that since it is a safety sensitive position, they do not have to give ADA accommodations as it causes undue burden on the city. This was stated without doing the interactive process at all.
Good afternoon, ****.
In Georgia, employers are generally required to engage in the interactive process under the ADA to determine reasonable accommodations unless it poses an undue burden. However, they can request medical documentation to validate your condition.
- Ensure you provide the requested medical documentation promptly.
- If the employer still refuses to engage in the interactive process, you may want to contact the Equal Employment Opportunity Commission (EEOC).
Would you like more detailed information on how to proceed with this situation?
This ia in the state of Louisiana
Thank you for clarifying, ****. In Louisiana, employers are also generally required to engage in the interactive process under the ADA unless it poses an undue burden.
- Provide the requested medical documentation as soon as possible.
- If the City still refuses to engage in the interactive process, you may contact the EEOC.
Would you like more detailed information on how to proceed with this situation?
yes
Certainly, ****. Here’s how to proceed:
- **Provide Medical Documentation**: Ensure you get the required medical documentation from your doctor and submit it to the City of Slidell as soon as possible.
- **Document Communication**: Keep records of all communications with your employer regarding your condition and their requests.
- **Contact the EEOC**: If the City still refuses to engage in the interactive process after you’ve provided documentation, contact the EEOC for assistance.
Would you like more details on contacting the EEOC or further steps you can take?
Can the city terminate me if I request the documentation but they do not get it until the 15th. They told me I have until the 16th to be fully medically cleared or face termination since I dont qualify for FMLA as I have only been on the job *.5 months
Good afternoon, ****.
In Louisiana, while the city can request documentation for your medical condition, they must also engage in the interactive process under the ADA unless it poses an undue burden. If you provide the documentation by the 15th, they should consider it before making a termination decision.
Would you like more information on the steps to take if they proceed with termination?
yes
Certainly, ****. Here are the steps you can take if they proceed with termination:
- **Document Termination**: Keep detailed records of the termination notice and reasons provided.
- **File a Complaint with the EEOC**: Contact the EEOC to file a complaint for potential ADA violations.
- **Consult an Attorney**: Seek legal advice from an employment attorney to explore your options.
Would you like more details on contacting the EEOC or finding an attorney?