ADA & An Incompleted Probationary Period
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An employee (a divorced elementary school teacher) completed the first 45 days of a 90 probationary period. Informed the interviewer in the summer that she had undergone chemo and radiation treatments for ovarian cancer; an operation for a ruptured appendix; and an operation for a blocked bowel resulting from the cancer treatments. Assured the interviewer that she was fine and ready to work.
After approximately 45 days of employment, received a doctor's statement that she couldn't work at all, too fatigued. The teacher found out that she didn't qualify for FMLA, no STD until 1 year of employment, and no insurance if work is less than 30 hours. The employee instructed the doctor to change the order to 30 hours each week.
The school principal couldn't find a substitute teacher to work 2 hours each day, and since the teacher was within the 90-day probationary period under contract and unable to fulfill the contracted teaching obligation, she was terminated with no ADA consideration. The teacher was given 2 extra weeks of pay beyond earnings and medical insurance until 11/1/2008.
Within the week of termination, the teacher scheduled doctors' appointments to include carpal tunnel surgery, MRI, and a nerve block. She also told us that she has a meeting with a Workers' Comp attorney. The teacher claims she was protected because of her cancer recovery under ADA.
Question: Does the failure to complete the 90-day probationary period, during which the employer can terminate without cause, negate ADA protection?
After approximately 45 days of employment, received a doctor's statement that she couldn't work at all, too fatigued. The teacher found out that she didn't qualify for FMLA, no STD until 1 year of employment, and no insurance if work is less than 30 hours. The employee instructed the doctor to change the order to 30 hours each week.
The school principal couldn't find a substitute teacher to work 2 hours each day, and since the teacher was within the 90-day probationary period under contract and unable to fulfill the contracted teaching obligation, she was terminated with no ADA consideration. The teacher was given 2 extra weeks of pay beyond earnings and medical insurance until 11/1/2008.
Within the week of termination, the teacher scheduled doctors' appointments to include carpal tunnel surgery, MRI, and a nerve block. She also told us that she has a meeting with a Workers' Comp attorney. The teacher claims she was protected because of her cancer recovery under ADA.
Question: Does the failure to complete the 90-day probationary period, during which the employer can terminate without cause, negate ADA protection?
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Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]