Labor Law Question

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  #1  
Old 01-29-11, 12:31 PM
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Labor Law Question

Hello:

My daughter works for a hospital that treats middle school kids with emotional problems. Occasionally she must do physical intervention with these kids, many of whom are bigger and stronger than she is. She recently found out that she has a non-work-related shoulder issue with torn cartilidge that will require surgery and physical therapy for a few months. My question is, is there a federal law that would prevent the hospital from dismissing her because she can't perform the physical part of her job while she's healing? Thanks.
 
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Old 01-29-11, 05:21 PM
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Look into Workers Compensation laws. If she was injured on the job, they can't just fire her without cause. She can be returned to regular duty when the physician says she is ready. Laws vary, so I'd check out things locally, too , to see what provisions the state has.
 
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Old 01-30-11, 05:11 AM
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O.K., I'll do both, thanks for the suggestions. She wasn't really injured on the job, but has probably aggravated the injury there.
 
  #4  
Old 01-31-11, 12:53 PM
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Tough issue - if she can't physically perform the job and was not injured there, why would the employer keep her (just trying to show the other point of view here)? The employer might be open to an unpaid leave of absence but that's probably up to them.

I think a consultation with an attorney would be money well spent
 
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