Fired while on FMLA

[Hard2bHombel]

I worked for a company for a little over a year. I developed an abdominal tear that had to be surgically repaired, and there were complications. 9 weeks into my fmla, I was terminated by my employer. Do I have any legal recourse?

[heisagoalie]

probably, contact a lawyer!!! call the county bar association to get a referral.

[GetmeouttaJersey]

Ouch, was just talking about FMLA today. If all this is true and documented, you most certainly have a case my friend. Makes me wonder though, as the company obviously should know what the ramifications of terminating you may be. I'd have to see all the details and hear both sides as it seems as if your ex-employer feels they have a case against you or else they wouldn't let you go...

[p4174w]

How long were you given FMLA? I had to take it twice separated by a couple years and was only given 6 weeks each time. One of the times I had to go over and was just on disability for the extra weeks, with no job security whatsoever

[havoc01]

from the OPM hand book



The FMLA mandates unpaid, job-protected leave for up to 12 weeks a year:

[list][*]to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;[*]to care for a seriously ill family member (spouse, son, daughter, or parent) (Note: Son/daughter has been clarified by the Department of Labor to mean a child under the age of 18 or a child over the age of 18 with a mental or physical disability as defined by the American Disabilities Act, which excludes among other conditions, pregnancy and post-partum recovery from childbirth)[*]to recover from a worker’s own serious illness;[*]to care for an injured service member in the family; or[*]to address qualifying exigencies arising out of a family member’s deployment.[/list]The FMLA further requires employers to provide for eligible workers:

[list][*]The same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on leave.[*]Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.[*]Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.[*]Protection of the employee to not have their rights under the Act interfered with or denied by an employer.[*]Protection of the employee from retaliation by an employer for exercising rights under the Act.[/list]

[Hard2bHombel]

Update: I know this is very late, but if it helps anyone, then it is worth it. There are limitations to FMLA when an employer has less than a certain number of employees within 100 miles of the location the employee that was on FMLA was operating out of. Because our corporate offices were based out of a different city, and all of our area managers were technically based out of the corporate offices, I was S.O.L.