Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, July 4, 2013

Judge Says Paraplegic Worker Unable to Transport Herself to Work Lacks FMLA Claims

A hospital did not violate federal and local medical leave laws when it fired a paraplegic secretary who exhausted her statutory leave entitlements and was unable to transport herself to and from work because of lifting restrictions caused by a shoulder condition, the U.S. District Court for the District of Columbia held May 23 (Alford v. Providence Hosp., D.D.C., No. 11-02121, 5/23/13).

Given that attendance is a “basic necessity for all jobs,” the court ruled that Alford's inability to get herself to work meant Providence was “legally permitted to discharge” her.

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