I was on FMLA, and they let me go, company said they could no longer accommodate. Is this legal?

I was working for a HUGE health company in the Denver Metro area (Exempla Healthcare Business Services), when I became sick. The doctor put me on FMLA which consisted on missing only 1 day out of the week, which I discussed with management, could be taken on a less productive day, which was a Monday and I was there at Exempla on a Friday when we had to be accountable for all the money to be in, and we were always down to a skelaton crew on Fridays, so I was there to help. (32 hour work week)The company had no problems accomidating me for about a month. Up until June 29th, 2007 @ 3:45 in the afternoon when management came up to me to let me know that they could no longer accomidate me, and that I would have to take the rest of my FMLA,as medical leave, or speak to my Doctor and have her put me back to a full 40 hours. Which made no sense to me. But, they ended up screwing me over, no money, no benefits to continue to see the doctor. Was this legal after they accomidated me?

redvelvetflames4ever

WHAT A BUNCH OF IDIOTS!!! First of all your company cannot dictate to you on what day of the week you can take the day under FMLA. If your doctor says Wednesday's.. Then it is on Wednesday. Secondly, they CANNOT take your benefits away. While a person is on FMLA leave all benefits MUST remain intact. THEY CANNOT BE RESCINDED. Thirdly, they CANNOT force you to take all of your FMLA leave in one shot. This can be viewed as a form of RETALIATION. I had a case a few years back at my old job where the individual was out on FMLA periodically. She had hepatitis C which is also covered by the American Disabilities Act (your illness may very well be covered under the ADA.) To make a long story short although I warned the idiots in management they did the very same thing to her as they did to you and eventually fired her and she lost all her benefits since she could not afford COBRA. She hired an attorney. The poor woman died 4 months later and her family continued the action. Not only did the company lose -- In my anger I testified against them. Thereafter I quit. I suggest you immediately contact the Equal Employment Opportunity Commission and FMLA agency that is overseen by the state department of labor. The number to the department of labor is 1-877-889-5627. Contact information for the EEOC is 1-800-669-4000. I sincerely wish you the best of luck and I hope you NAIL THEM!

You do not say what state you are in. Look up the law firm Tuckner, Sipser, Weinstock, & Sipser. This is the firm I used when I sued my former employer and they deal with these types of cases.

Expert Realtor

How long were you with the company?

I suspect you were there for less than 1 year...if that was the case, then you were never eligible for FMLA.

However, even without FMLA, if your employer failed to make reasonable accomodations while you were currently undergoing treatment under a doctor's care, that may fall under the American's with Disabilities Act.

Yes, you would have a case if they accommodated you at first and then stopped...they will have a hard time proving what changed.

The EEOC is your first stop.

Adam G

An employer is not required to accomodate you with a reduced schedule while you are on FMLA, but it is often a good option to keep employees engaged - especially in a situation like your's where you were able to work 4-days each week.

Once they decided that they could not accomodate the part-time schedule, they are still obligated to honor the FMLA time until your 12-weeks is used.

After your 12-weeks is used they can replace your position. There are too many details missing here to really know if your rights were violated. A few questions for you:

1. Did they accept your original Dr. note and infom you that your FMLA was approved? Just because you give a Dr. note does not automatically grant you FMLA - it is subject to review and approval. I have seen many FMLA requests for absences that are not covered under FMLA.

2. Assuming your FMLA was approved, how manu hours did you use?

Is there anything else you are not telling us? Performance issues? Disciplinary action for anything recently?

Additionally, if your FMLA was for something that is considered a disability and protected by ADA there are additional accomodation requirements.

There are several factors that come into play. Did you work for the company for more than one year? How long had you been on the FMLA? Are you 100% certain all the paperwork the physician had to fill out was completely turned into your employer? Intermittent FMLA is different from regular FMLA - If all your paperwork was in and you did not exceed your 12 week amount of time off - then they should not have fired you and you would have an unfair discharge fight ahead of you. Now if you exceed the amount of hours you get on Intermittent FMLA or all your paperwork was not in then although a bad company policy - they would be able to let you go. If the HR rep did not help you with all the FMLA guidelines then that is not really a company you should want to work with. You can always go to the unemployment office and they should be able to give you your best options. I wish you the best!

leysarob

If they can prove it was a hardship for the company you may be out of luck. It might serve you well to discuss this with a labor attorney.

Othniel

Why don't you consult an attorney? Did you have a contract with your employer? If so, take it to the attorney. Did they have an office manual?

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