Can I request severance from my employer if they refuse to accommodate my request for extended medical leave?
I am requesting accommodations at my workplace, and I am fairly certain the company will argue undue hardship. I am requesting extended medical leave beyond FMLA. I’m afraid they will fire me due to the undue hardship. Can I request severance, and if so, is that something that can be negotiated? I have been with the company for 3 years and am a salaried employee.
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Yes. First, you have to go through the process of determining accommodations. Then, if that does not work out, you can negotiate your exit.
You could also collect unemployment once you’re no longer disabled. If your condition becomes long-term, you may qualify for SSDI as well.
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I am requesting accommodations at my workplace, and I am fairly certain the company will argue undue hardship. I am requesting extended medical leave beyond FMLA. I’m afraid they will fire me due to the undue hardship. Can I request severance, and if so, is that something that can be negotiated? I have been with the company for 3 years and am a salaried employee.
Lexi, Chatbot
I understand your concern about requesting accommodations at work. Have you already discussed your need for extended medical leave with your employer?
I have filled out the interactive process paperwork but have not submitted it yet.
Lexi, Chatbot
Are you currently under a doctor’s care and have documentation supporting the need for extended medical leave?
Yes.
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your accommodation request.
Yes.
Elizabeth
Hi there! Welcome to AskALawyer. My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your concerns.
So I can best help, does your employer offer long- or short-term disability?
They offer both. As of 5/15, I will have exhausted their self-administered STD plan. I have already applied for their LTD plan, which is administered through MetLife.
I also have an STD policy through Aflac that is being reviewed and should go into effect by 5/13. It’s paid with post-tax paycheck deductions.
Elizabeth
Thank you for sharing that. How many employees do they have?
My FMLA-covered leave ran out yesterday, on 5/8.
Elizabeth
Understood. Have you spoken to them about needing more time?
Yes. They gave me the ADA interactive paperwork to fill out, which I haven’t given back yet. They requested it back by the 22nd.
On it, my provider wrote that there are no accommodations that can be made besides extended leave for 4–6 months or longer.
Since my protected leave is already over, my fear is they will deny my accommodations and then just fire me.
So I’m trying to be prepared going into it. If I can get ahead of it and negotiate a severance, I would like to do that if it’s an option.
Elizabeth
If they did fire you, that could still be considered potentially discriminatory. They first have to work with you on any hardships that are caused and go through the interactive process.
And what happens if they claim no accommodations can be made?
Elizabeth
You would then be able to request severance and work out an exit.
Is that normal — to request severance if no accommodations can be made? Will I be eligible for unemployment after I am no longer disabled?
Elizabeth
Yes. First, you have to go through the process of determining accommodations. Then, if that does not work out, you can negotiate your exit.
You could also collect unemployment once you’re no longer disabled. If your condition becomes long-term, you may qualify for SSDI as well.
What would a normal amount of severance be to ask for in a situation like this? I’m salaried at $65,000 a year, have 4 weeks PTO, and my company pays half my insurance premiums. I’ve been with the company for 3 years.
Elizabeth
Usually, it’s one to two weeks of pay per year of service.
Elizabeth
I hope I was able to help with your situation! If you have any other questions, feel free to ask.
Elizabeth
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