ANYIONE Familiar with FMLA?

I was out on FLMA from work... my illness did not allow me to perform my job duties but I could do a modified version of my job so HR told me to have Doctor write me out of work... well it lasted MUCH longer than we thought and after 3 months out. I wanted to work and my boss said that there may be a position in which I could come back to work and perform so I needed to get the doctor to write what I could/could not do... I did this and the doctor said exactly the same thing as the day I went out on FMLA... they called me in to a meeting the day they recieved this letter and fired me.

Legal or Not?

I was working for them 3 years without a write up for anything in over a year and a half... 3 days before I went out sick (I was already feeling ill at this point) I recieved an email from my boss about correcting some things and was given 60 days to correct them and that is what they claim was the reason.

redvelvetflames4ever

Unfortunately I do not see any illegalities. FMLA you are covered for exactly 12 weeks. The organization does not have to hold your job prior to your leave but they must return you to a "like or similar position" with no decrease in pay. They were going to allow you to return it sounds as if they were offering a "flex schedule/accomodations" to meet your medical needs. Unfortunately, your doctor felt you could not return to your regular duties as of yet and you were unable to resume most of your work duties. Unless there decision (you can prove) was discriminatory in nature (i.e., another employee was offered work after being out for the same amount of time and still offered a position although there condition limited them to the exact restrictions as you or more) or/and they can prove the accomodations you required would hinder there business financially they were able to legally terminate you. What I do find interesting is they asked you to correct some things within 60 days. I imagine because of your illness from what you have written you did not correct these mistakes they asked for. Although this is the reason they gave for your termination I find it unlikely that was the true reason and I am certain you work at an Employee-At-Will state meaning they can terminate you for any reason as long as they do not violate any state or Federal laws. As previously noted, unless you can prove discrimination there is no case. Additionally, since you utilized all of your time under FMLA they were under no obligation (unless they have a policy that extends pass FMLA) to offer any further leave. On a final note if your condition falls under the American with Disabilities Act you may have legal recourse, but I cannot say this is the case since you do not offer any information regarding your illness. I sincerely wish you the best of luck.

Mel

It was legal - they didn't fire you. They ended your employment because they could not accommodate the restrictions your doctor established (by finding you light duty or moving you to another job), and your FMLA leave had expired.

Simba

I've used it but for a shorter term and it was concerning the health of a family member. When you doctor origianlly signed it, was there a date to come back? I dont' think it's a problem extending it if needed. It sounds bad to me. I don't think you should have been fired. If your limited (according to the doctor) they need to make every effort to help you out.

I think as far as the few day you were working and not feeling well probaly was the reason you performance slipped and that also should have been considered.

Christie

It's very dangerous for an employer to fire an employee in your situation. They're almost definitely inviting a lawsuit. Contact your local EEOC because I'll bet if you file a claim against them, you'll win, and they'll have to pay you.

Princess Leia

It also actually depends on which state you live in. In CA, there was a recent case that said that a plaintiff has to prove that the plaintiff was able to work with or without the reasonable accommodation (but this dealt with the ADA and FEHA).

Greene vs. State of California

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