Multiple Sclerosis -FMLA & Undue Hardship

[tlfreed]

I have been pre-diagnosed with MS- specificially Clinically Isolated Syndrome of MS symptoms and recently was out on FMLA for treatment/recovery. My questions are, is my condition considered ADA? and is my job protected under this?
My second question is, if my employer sees my returning work restrictions from my doctor as undue hardship and I have used all of my FMLA for the calendar year, can my job be terminated?

I'm concerned that my work restrictions of "open ended tasks-no time constraints" will be considered as undue hardship and I will lose my job. I want to know if I should truly be concerned or if my job is protected.

 

[cbg]

There is only one condition that is automatically, by simple virtue of its existance, covered under the ADA and that is HIV/AIDS. Every other condition, without exception, has to be assessed on a case by case basis. Certainly MS can be covered; whether it is covered in your case can only be determined by a discussion between you, your employer and your doctor.

The ADA and FMLA are two different laws that accomplish two different things. Not everyone who qualifies for FMLA will qualify for the ADA; not everyone who qualifies under the ADA will qualify for FMLA.

There is nothing under FMLA about undue hardship. FMLA is protected leave time. Assuming that all qualifying criteria are met, you are entitled to up to 12 weeks of unpaid medical leave with your job protected. Not more, not less. 12 weeks. If you have exhausted all your FMLA and you are unable to return to work or need additional time off, you can legally be terminated.

The ADA is not leave. It is a law that levels the playing field so that you are not terminated BECAUSE you have a protected medical condition. However, that does not mean that your job is automatically protected (beyond the limits of FMLA). Assuming that the ADA applies in your case, your employer is required to provide you with a REASONABLE accomodation. Whether or not giving you unlimited time for all job requirements is reasonable or whether to provide that would be an undue hardship is not something we can assess here. But if it is not, and if there is no other reasonable accomodation that will allow you to perform the essential functions of your position, you can legally be fired, ADA or not.