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Old 03-05-2014, 12:52 AM #1
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Dr. Smith Dr. Smith is offline
Senior Member (**Dr Smith is named after a character from Lost in Space, not a medical doctor)
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Join Date: Oct 2010
Location: Lost in Space
Posts: 3,515
10 yr Member
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Not only am I not a medical doctor, but get this... I'm not a lawyer either!

That said, the employee would have to prove that his/her migraines are a disability under the law.

Tenth Circuit Holds Employee's Migraines Not a Disability Under ADA
Quote:
In a signal that the courts do not regard the 2008 amendments to the Americans with Disabilities Act (ADA) as a basis to declare every ailment or condition to be a "disability" under federal law, the U.S. Court of Appeals for the Tenth Circuit recently held that a plaintiff who was diagnosed with migraine headaches was not "disabled" under the ADA. Allen v. Southcrest Hospital, No. 11-5016, 2011 U.S. App. LEXIS 25488 (10th Cir. Dec. 21, 2011). Employers should not get too excited, however, as the court did not declare that migraines can never be a disability. It did clarify, in a manner that likely will be helpful for employers faced with ADA litigation, what an employee must establish to claim the ADA's protections.
emphasis mine

I think FMLA would be the easier way to go.

Doc
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Dr. Zachary Smith
Oh, the pain... THE PAIN...

Dr. Smith is NOT a medical doctor. He was a character from LOST IN SPACE.
All opinions expressed are my own. For medical advice/opinion, consult your doctor.
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Synnove (03-05-2014)
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