In New Hampshire, can I be placed on unpaid administrative leave for failing to provide a letter from my doctor

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Customer: In New Hampshire, can I be placed on unpaid administrative leave for failing to provide a letter from my doctor verifying my disability after I’ve asked for an accommodation? Can my employer terminate my health insurance while I am on unpaid administrative leave? How long can my employer keep me on unpaid administrative leave after I provide the documentation they requested from my doctor to verify my disability? Does my emplyer have to give me before cancelling my health insurance? After my insurance is canceled while I’m on administrative leave, am I eligible for cobra? If I’m eligible for cobra, when does my emplyer have to send notice
JA: What reason did they give for the termination? Was it retaliation for the FMLA leave?
Customer: No. I have low vision and asked not to drive clients. When they asked me for proof of my disability I gave them my IPE from voc rehab blind and visually impaired. I also gave them proof of my disability via doctors not at hire about 4 years ago.
JA: Have you filed a complaint with the EEOC? Or the Department of Labor?
Customer: Not yet. Just happened
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not sure. Still reeling.
Answered by Daniel Luneau in 21 mins 5 months ago
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Daniel Luneau
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Daniel Luneau
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Daniel Luneau
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Customer
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Daniel Luneau, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service. I’m sorry to hear you are having these problems with your legal issue, and I know that can be frustrating. Hopefully, this can be resolved quickly.

So it is one question per chat in order so that we can assist all customers in a timely matter. Woudl you like me to answer the documentation question as to whether they can ask for that?

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Daniel Luneau, Expert

Under the ADA, an employee may be permitted to use their own accrued paid vacation or sick leave, as-needed, or be granted additional unpaid leave as an accommodation. Paid leave beyond that which is provided to similarly-situated employees is not required. EEOC states that an employee with a disability should be permitted to exhaust accrued paid leave before using unpaid leave as an accommodation.

When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations.  The employer is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation.

Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation.


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Daniel Luneau, Expert

Does that make sense? Did you have any follow up questions on that issue?

Customer
would my recent IPE from Voc Rehab Divison of blind & visually impaired plus my doctors note and dhhs doctor verification of disability form that I provided when I onboarded 4 years ago should be "sufficient proof"?
Customer
Or do I need to give them a new doctors note?
Customer
Which, I'm concerned about being able to get since it looks like my health insurance ends tomorrow.
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Daniel Luneau, Expert

Documentation is sufficient if it substantiates that the individual has a disability and needs the reasonable accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the impairment, the activity or activities that the impairment limits, the extent to which the impairment limits the employee's ability to perform the activity or activities, and should also substantiate why the requested reasonable accommodation is needed.

I am not able to say as to your case as we are limited to general information here.

Customer
I think I wasn't clear- I didn't ask for leave. I was put on unpaid leave effective today until I provide the doctors note saying I have low vision and can't drive clients.
When I checked my paystub I noticed they didn't take out anything for my benefits including health insurance. So no premium payments went for January benefits.
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Daniel Luneau, Expert

So if you believe they are discriminating against you, it would be important to meet wit a local attorney to review the case. That could be grounds for a complaint and possible lawsuit if they are doing that to discriminate. But the case will need to be reviewed. IF there is an undue hardship, that can potentially mean the employer does not have to honor a request.

Customer
That's not what I'm worried about right now. I'm worried that because I am on unpaid administrative leave (which I did not ask for or even know was coming), plus my employer did not deduct or pay any insurance premiums on my last paycheck, my insurance supposedly ends tomorrow.Is this legal for my emplyer to do, especially when they didn't tell me beforehand?
Customer
Paying no premiums ends the insurance.
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Daniel Luneau, Expert

I woudl not be able to say on that. That requires a review of your specific case. We are limited to general informaiton. If you visit www.justia.com, you can search for a local employment lawyer. Many will offer a free consultation, and if the case is strong they may agree to a contingency fee.

Customer
Ok. Thanks
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Daniel Luneau, Expert

You're welcome! Thank you again for trusting JustAnswer with your question.

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