The ADA prohibits businesses from discriminating in the work place, but I don't believe it applies to firing an employee who becomes too ill to work at all. That's why individuals and/or employers can purchase short-term and/or long-term disability insurance; and/or put in a claim for SSDI with the govt. And re that type of insurance, my daughter was on 18 month disability leave for a major case of Lyme's disease. Her short-term carrier paid up with no questions. But when she'd exhausted the time limits for short-term and made a claim to the different insurance carrier which handled long-term coverage, she was summarily turned down and we had to find an attorney who specializes in disability cases. Because the policy was provided by her employer as a work benefit, and not purchased by her individually, it comes under ERISA, and all cases must go to federal court for non-jury (bench) trials.
Turns out her carrier, Liberty Mutual, denies ALL long term disability claims, and forces insureds to sue them in federal court. And Liberty Mutual delay doing that as long as possible by filing documents at the last possible moment, getting months long extensions from the courts, "losing" records sent by the plaintiff's doctors, - every damn trick in the book to stall and delay.
The federal judges heartily dislike these cases because, without juries, the judges are the finders of fact and have to wade through volumes of medical reports, expert reports, etc. Consequently, at least in our federal district court in Pennsylvania, the judges put so much pressure on the parties to mediate/settle that no recent cases have gone to trial. I asked the attorney what kind of settlements were reached, and he said about 20 cents on the dollar. And it takes years to finally receive any payments. Every time I see one of those warm and fuzzy Liberty Mutual ads on tv, I want to hurl.
On edit: FYI, I'm a retired attorney who used to handle insurance cases for property damage/personal injury - but NOT disability claims - that's a specialty, which is why I found an atty. for my daughter to handle her case. So I understand general principles of insurance law, at least as it was up until the time I retired. However, the law is always changing, either by legislation of new/amended statutes or by appellate decisions. Your employee should have applied for social security disability.
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- I would have had to say to this person: ''What you suggest is inhuman.''
