You Can Get Fired During FMLA Leave

Also, what happened to one employee who exercised her workplace rights? And what should you not be doing during leave? Read how the courts decided three FMLA cases.

Bob Gregg, partner in Boardman Law Firm, shares his roundup of diversity-related legal issues. He can be reached at

The federal Family & Medical Leave Act (FMLA) grants eligible full-time employees (those who have worked at least 1,250 hours during a 12-month period) at organizations with a workforce of 50 or more up to 12 weeks of unpaid leave for the birth and care of a newborn; the adoption of a child or foster child; the care of an immediate family member with a serious health condition; and personal medical leave because of a serious health condition. Here are several recent FMLA legal decisions.

Layoff based on suspect performance evaluation violates FMLA.
The law does not forbid layoff of an employee who is on FMLA leave if the action would have occurred anyway had he or she not been on leave. In Cutcher v. Kmart Corp. (6th Cir., 2010), an employee on FMLA was part of a workforce reduction. The company based layoffs on performance evaluations, and the plaintiff’s evaluation was low. However, the court found evidence to suspect the poor evaluation: It was done during the employee’s FMLA absence. She had received an “exceeds expectations” evaluation just four weeks earlier, immediately before taking FMLA leave. Obviously, her work performance could not deteriorate while she was not present at work, so the layoff evaluation seemed to be a pretext to eliminate a person who had exercised FMLA rights.

FMLA eligibility can start in the middle of unqualified leave. An employee with less than a year’s service was granted short-term medical leave for surgery.  Medical complications resulted and the employee was unable to return to work when the short-term leave expired. The company then terminated the individual. But the employee passed the one-year mark during the original approved leave. In Porcillo v. Vistar Corp. (M.D. Fla., 2010), the court ruled that FMLA eligibility started at that point—and the employer should have given up to 12 more weeks of extended FMLA before discharge.

Walt Disney World is not the proper place for FMLA. Just days after being counseled for poor performance, a sheriff’s department investigator was diagnosed with cytomegalovirus and then stayed off work for several weeks. She spent two of those weeks entertaining a house guest and visiting Florida tourist attractions. Although the employee submitted several doctors’ notes during the leave, none verified that the condition was serious enough to render her unable to perform duties. She was subsequently terminated. In Gunzburger v. Sheriff of Broward County (11th Cir., 2010), the court found in favor of the defendant. The plaintiff’s activities were inconsistent with a need for FMLA leave, and she did not provide adequate medical proof of a serious condition.

For more on work/life issues, listen to our work/life webinar at


  • I take care of my son who has congestive heart failure due to the complications of sickle cell anemia and he requires a blood transfusion every month. Also, I have diabetes which requires that I see my physician whenever my glucose level is high, which is quite often. My employers asked me use a time clock so that he could keep up with my time – no one else has been asked to use the time clock in the department. People come and go as they please, but I have to explain my every detail when I need to be off. My health condition is my business and I think that he can also use that against me and say that I use too much leave time. I am trying to be civil about the matter, but he does not seem to believe me, even with documented proof. Of course, I am a black female and he is a white male and I believe he is trying everything he can to terminate me. What should I do?

    • Hi
      I am in a smilar situation but I don’t have children. I have three chronic health issues and was recently diagnosed with Type 2 diabetes. Because of my health issues I have missed wuite a few days of work in the last three years. I’ve used up all of my sick days so when I’m out I get docked pay. Because we are female with male bosses there will always be that power they hold over us. In my situation they hokd the “3020 a” over your head. Aren’t we protected under the ADA ? I’m 48 and have JRA since I was 12. In your situation you have to Carr for your child and yourself. I would document everything. I know what you mean by others not having to time in and out. It’s the same with me. Good luck

  • I once let someone go whle on FMLA after giving birth. There was risk involved given that she was on FMLA and she was also in a minority group. The termination was the result of a work force reduction and was based on performance. I was required to put together a summary as to why she was being terminated instead of other employees who were in the same position as she was. The employee opened up a case with the EEOC, and I worked with HR to gather up all of the required documentation in order to prove that the termination was based on performance and no other reason. This employee seemed to have the idea that FMLA protected her from being terminated based on her reaction when I called to let her go. Given the summary that I wrote up, along with the documentation that I had had on past performance, , the EEOC threw out the suit.

    • Maybe the EEOC wasn’t the right agency the employee should have used, the employee would have been better off filing a civil suit in federal court where she may have also recieved
      punitive damages. See any time there is a case brought before a jury of working people, they generally have a tendency to side with the working employee’s who are on FMLA.

      • If the employee was basing her claim on anything covered by Title VII, she HAS to go to the EEOC before she can go to court. That’s the way the system is set up. I did an internship at the EEOC a few years ago, and if the EEOC decides not to pursue the case (or doesn’t find “cause”), then the charging party (complainant) then gets the “right to sue” in court. But the system is set up so people have to go through the EEOC before they can sue the company, if they’re claiming discrimination covered by Title VII. I think it’s a smart way to do things, because if the EEOC can’t find cause for the alleged discrimination, that means a judge/jury is unlikely to rule in your favor. Saves you legal costs, and if the EEOC DOES find cause, they can help you mediate with the company and possibly settle outside of court.

      • It doesnt matter how the EEOC rules. You can still file a civil suit even if they determine the employee does not have a case. I was let go from a job because I am diabetic and having complications. I filed with EEOC, they ruled against me so I filed in civil court and won.

  • To the woman who posted above, I am sorry to hear about what is going on with you. But please do not assume that your manager is trying to get rid of you because you are a black female. As a manager myself, we are in a very challenging position in which we have to look out for the employee as well as look out for the company. One key element in a situation similar to yours is whether or not there is an impact to your job and whether or not it’s being done. FMLA does allow someone to be out for an extended period of time, but after 12 weeks, the employee is expected to return back to work. I once had an employee who was sick frequently and our company did not have a sick policy. So it ended up being a very gray area due to the number of absences that she had. What I ended up doing, which worked out for both the company and the employee, was having the employee put on intermittent FMLA. This way, her sick time counted against the 12 weeks, but due to the nature of her illness, she wasn’t required to take 12 weeks straight. You might want to try that avenue with your HR department. But remember that FMLA only protects your job for 12 weeks; anything more than that I believe can result in termination.

    • Thank you! I do not know one person who is prejudiced. I think that probably at least 80% of the United States isn’t prejudiced. however, it does upset me to hear people say Oh its because im black well if the white person were to say Oh its because I’m white which we could definitely do there are many things that we are not able to do because we are white it would be a complete different story. I just wish that everyone would learn and except and stop playing that prejudiced card because in all reality it does not exist nobody is prejudiced to a point where they would fire someone over it they know that they would be in trouble and a lot of time they keep the black person is just so somebody can’t call discrimination that’s the only thing that upsets me when it comes to that I have many biracial family members and they don’t do that they don’t say Oh its because I’m black as like this happens or that happen so kind of think about that and when you’re talking about something please quit telling me I’m black card in there we are all Americans we are all people and we do not live in a prejudiced world anymore

      • Most people are prejudiced. I’m sure you mean well, but comments like yours aren’t helpful because you’re denying other people’s reality. Every financial, education and criminal justice statistic tells us that it’s mostly white people that use the “prejudice card”, and not in a good way.

        • Most people ARE NOT prejudiced. Stop playing the victim. Apply for FMLA and you are protected for 12 weeks a year

          • Confused by FMLA 12 Week Limit

            DX: 2nd DCIS without Radiation option
            Resulting in bilateral mastectomy with breast reconstruction.
            However, lab results of cancerous breast tissue changed DX to Stage 1 invasive immediately requiring an additional 18 weeks of chemotherapy on top of initial 4 week bilateral mastectomy and not including the time for completion of breast reconstruction.

      • I’m going through a similar situation at work and I’m dealing with a supervisor who only punishes black women for their absences or take action against them because they have FMLA. I was for USPS and have FMLA however she decided to go back months ago to pull up attendance problems and choice to not give me progressive action which is apart of my contract and fired me. I am currently in the process of filing a EEO and I’ve already filed a grievance. Surprisingly this is not the first time this has happen to me. And I was proven right before it got to step 3 of the grievence process. I work very hard. And I give my all which is why I’m having the issues this to have with me knee. And regardless of if a person is white back Mexican or Asian it is VERY prossible for Someone to be prejudiced and racist. And it does exist today! I don’t know what planet you live on. Or why you’re in denial. By the way the supervisior is Hispanic and I’m black. NOT white

      • Seems you don’t know the definition of prejudice. EVERYONE has prejudices, yourself included.

    • I got hurt at work .I’m on FMLA/worker comp. I’ve been off 3 weeks and they fired me. So what can I do?

        • Eeoc,Civil Rights, Dept. Of Labor work side by side. You can only file once within the 3 parties. I went to civil rights and they handled me very well. My case is still pending but they were able to help with everything.

    • I have a question, I have a similar situation l was trying to get intermittent FMLA but have been waiting on the paperwork from my HR. I’ve had several issues with my boss basically bullying me. I have crohn’s disease and a couple other illnesses. I was fired today for missing work from being ill. I have a doctors appointment for May 5th and was supposed to get my FMLA paperwork filled out. I’ve had several experiences where I’ve felt discriminated against by my boss. I’m not sure what to do next

      • @Jen – If you work for a company that has more than 50 employees and you have been with the company for over a year and have worked at least 1250 hours, you are eligible for FMLA as long as the certification is complete and submitted to your employer. However, once you applied for FMLA or notified your HR dept that you needed FMLA, you have 15 days to submit the Medical Certification.

        By law, your employer has 5 business days to reply to the FMLA Paperwork you submitted. These forms are actually created and required by the Dept of Labor They are forms WH382 and WH381. These forms indicate to employees if FMLA is approved or if not, why it was not approved. . If you waited longer than that for a reply from your employer, I would contact the EEOC. Crohn’s Disease also would fall under the ADA – Americans with Disabilities Act, so I would make sure to review botht the DOL.GOV Website and the ADA.GOV website to determine your next steps.

  • To the woman who posted initiating this thread — get a professional opinion. Contact an attorney who’s specialty is Human Relations/Employment law. No one is going to admit to being a racist however, the fact of the matter is, since President Obama was sworn into office, racial incidents have steadily been on the rise. Consult a professional don’t let your career be ended because of someone’s intolerance. You may not be able to do anything about it but, at least you’ll know what your rights are,
    The most dangerous aspect of Institutionalized Racism is, it’s so insidious. It has become so much a part of the landscape, smooth and unobtrusive until it becomes almost invisible. It’s not until someone alerts you to it, is it really seen. Take for example Sarah Palin’s comment about the President speaking to a white Congressman “in an distrespectful and arrogant manner.) On the surface the statement is ludicrous at best, given the amount of education, the sheer number of personal accomplishments and last but not least HE IS THE PRESIDENT!!!! Her comment was ridiculous. However, it is upon a second look, that you realize her use of the word “arrogant” is so out of place. When was the last time (in US History) that a sitting President took a Congressman to task over an opposing view — and was denounced as “arrogant??!!!” It was a code word for BLack’s should be totally respectful and demur to a white male in every aspect whether he is right or wrong. This has been the prevailing attitude of white America in the US for centuries and it has not changed. Recently there was an article in Business Week?? stating that White America had lost it’s mind — because of a Black President getting in office.

  • i called in sick due to chest pain and short of breath april 8, 2010 and hopitalized april 12 to 15 2010. then after one month have a gall bladder surgery. my doctor put me on std from april 8 to july 12, 2010. i have kept them informed and medical certificate provided during my absences. on july 1st, my manager told me that i need to come back on july 5, or i will be terminated. my doctor released date is july 12. i talked to HR and she said that by law my job is not protected anymore, i asked her why i do not have any information about fmla and i thought i’m using STD. she replied, i can check all the information thru website under dept. of labor. i write them a grievance letter that i want my job back and they cannot terminate me because i’m still sick and in pain, my job involved of lifting, bending and pulling patient. i’m a treatment nurse. my manager left me message, it’s ok, they will fix everything and she put me on schedule on july 16th. July 7 i called my manager, and asked her if she can extend my leave to august 6 because my sugery site still painful, and i’m having abdominal pain and occasional diarrhea due to gall bladder removal. and my doctor schedule me for a series of test, colonoscopy, ultrasound, blood test and abd. x-ray. my manager said it’s ok, that there is a lot of full time and part time nurses to covered me. i told her that i will give her my medical certificate. but after two weeks they have sent me a letter of termination, stated that i’m terminated dated july 12th due to fmla expired. is this right?

    • FMLA only covers 480 hours ( 60 working days or 3 working months) of FMLA coverage. From 04/08 – 07/12, in fact is more than the entitlement and your employer is correct. If you do not or did not return, than your job is no longer protected and they can replace you. Based on my count, you would actually have been due back sooner than 07/05, by count you would have been due back on 07/01.

  • Just because you are still sick and in pain is not justification for your employer to not terminate you. Gallbladder surgery is typically does not require 4 months off work. I went back after 1 week (yes it’s uncomfortable, but you deal with it and it gets better) I too do patient care. Employers have to follow these guidelines or they go out of business.

        • yea but the potential for pain could be more or less depending on the quality of surgery or care provided. The thresh hold for individual pain is also not equal for every person. One person may be able to get right back to work, while others arent as healthy… one person may have fibromayalgia or lupus, or even aids.. so how anyone here would expect anyone else to be as perfect as thou self, is incredible to me.. its even worse to know that people are in complete favor of facist corporatism. I understand companies “got to make their money also” but come on.. youre talking about billions of dollars profiting companies, kicking employess to the curb because of their inability to heal because of all the poisons they have dumped on us in the first place.. get real people.

    • you are incorrect. If an employee is out of FMLA, pain or no pain, there is no loner any protection and you can be terminated

  • My father has health problems but have been good about attending to his job and is a hard working man. Yes, he’s taken some time off due to being sick and other health issues. But in the end he’s still able to attend to his work and do his job, well more than some others can as well. I’m quite upset that when he went in to give his paperwork of his oral surgery, he was told that if he wanted his job, he’s to cancel the appointment, or they’ll let him go. He chose to get his surgery, but, is that not wrong of them to just do that? I was thinking, he’d get something like a medical leave? He’d recover less than 12 weeks. at most probably 2 weeks?

  • I work for a Government employer in the Jacksonville, Florida area. I got injured at work. While out on a long term injury under work comp, I was notified that FMLA was being imposed on me. I thought that FMLA was an employee benefit, now it may be used as an employer weapon. A 4 to 6 week injury under work comp can easily turn into a 12 week, loss of job. I understand the work comp system, but don’t understand the FMLA being imposed. Now I am stressed about losing my job. Do I have any recourse?

  • Find an attorney who specializes in Employment Law.

    The economic downturn has been a boon for employers – it’s an employer’s market where they have a surplus of labor to choose from. Since Florida is a “right to work” state, many employers think they have carte blanche to do as they please. Those employers are wrong. They often make significant mistakes that a good attorney can catch. Seek out an attorney as soon as possible.

    You have two years from the date of the incident to file a lawsuit.

  • I must say something to this post, White Americans are not all racist. When I was only in Kindergarten my best friend was black, her sister was prejiduce and she taunted me, cussed me and threatened to beat me up because I was white. The word arrogant is just a word, if he was being arrogant he needed to be told so, there is a nice way of approaching people and obviously he was being rude or Sarah Palin would have never made this statement. America has lost its mind but not because Obama is black it is because he is not American. What kind of president does not stand for the flag salute? What kind of president takes three months to prove her was born in America? America voted him in because he was black, not because of his ability to lead our great country. Yes AMERICA has lost its mind. We are one nation under God and we have the right to our country to be ran by someone with dignity, intellegence, and a heart for the American people.

    • Luke Visconti

      Not too long ago, the village fool only bothered people in the village he/she lived in. Today, the Internet has enabled every village’s fool to bother people in every village. New York City’s village bigot, Donald Trump, can run around asserting that the President is not an American—and fools listen and parrot his bigoted language. I wish I knew if, in the privacy of his penthouse, he was laughing about fooling all these fools, but I’m not sure if his sense of humor trumps his racist rage.

      Certainly Donald Trump knows that George W. Bush (and the Republicans) had more than a year before the election and three months between Senator McCain losing the election and President Obama being sworn in to find out if then-Senator Obama wasn’t a natural-born citizen. Only fools would think that then-President Bush’s Attorney General wouldn’t turn over every stone. Only fools would believe this “birther” nonsense—or dirty, low-down, conniving, anti-American, filthy bigoted racists. Luke Visconti, CEO, DiversityInc

    • Luke Visconti

      Hey, Monte, it’s “you’re” not “your.” Elementary school grammar. Luke Visconti, CEO, DiversityInc

      • Fed Up in the Garden State

        Indeed he is, Monte, especially if a common grammatical error is the best comeback he’s got!

        Cranial rectitis by the Left is why this County is in the mess we are in now!! Diversity Inc. Oh brother! That’s ONE pot that has LONG SINCE doth runneth over!! Does it LOOK like the USA is becoming a STRONGER NATION, the more “diverse” we are??? NO!! In FACT, just the OPPOSITE! Wake up!!

        With regard to the workplace, in reality, REVERSE discrimination is the norm. As companies look to “hallmark” a diverse workforce, qualified white Americans are being denied employment left and right, in favor of less qualified minorities, many of whom either don’t make it to unemployment eligibility or just barely do. A far greater attrition rate in this group, another undeniable fact!

        I’d much prefer a potato chip to ANY snack made by one of the Keebler Elves! Too much FUDGE PACKING for me!

        • Luke Visconti

          Normally, I wouldn’t allow a post like this to be published, mainly due to the last sentence, but this guy paints a nice picture of himself. Can you imagine the self-delusion needed to think that a company would hire “less qualified minorities” over people like him (cranky windbags)? Luke Visconti, CEO, DiversityInc

  • July 1st found out I was pregnancy with my 4 th child. I’m ultra high risk multiple health issues. I had cancer last year was told I should not have get pregnant again but this accident happened. Chemo and radiation with no real time off work except 3 weeks if vacation. No fmls ever filed. So when the July 1st thing happened I was put on std and Bedrest immediately knowing I wasn’t due until nov 30 th. My employer seemed like it was all good. I’ve been there 15 years and I’m a sr manager.. 12 weeks if fmla goes by I check in once a week no issues. Then I get a letter certified mail. Your fmla had expired if your interested in Maintsing your position complete the ploa application by sept 27. Floored me none ever said a word. I did that my dr said I could return to owork n feb 10 another letter stating I’d you dint return by Jan 6 you will be severed. I asked later I have a csection scheduled for Nov 28. Jan 6 is not enough time for my dr to allow me to retun will are taking about 2 weeks here. . I was told my job is to vital I must return by this date with dr approvsl or be severed. .

    I never thought the company I love would ever do this. What should I do. They know I’m over a barrel. .

  • You did not answer the anonymous gallbladder patient’s well-articulate SPECIFIC questions. (Instead, you spoke in self-aggrandizing terms about your illness & your speedy return to work.
    After boasting about your stoic fortitude in returning to work in 1 week, your stated ANOTHER OF YOUR OPINIONS, “yes it’s uncomfortable, but you deal with it and it gets better.”

    how offensive.

    What are YOUR credentials? Are you an MD? If so, what type of doctor? Internal Med? GP? NeuroSurgeon? nevermind……

    • I agree with you totally rude of her. You know I believe we all have one of those in the office Superwoman.

  • I would like to find out how it is possible that one gets fired after getting an extension from the surgeon that operated my shoulder. I hurt my arm on the job, and for the purpose of this being on the internet I’m just going to say company XYZ. While I was working at company XYZ, I hurt my right shoulder and I requested an FMLA leave in August 2012. I had my first one for the month of September, then I got sent home in November because I couldn’t move my shoulder at all and the supervisor at Company XYZ was forcing me to do the job I couldn’t perform. My MRI was scheduled for December 2012, and little did I know that i had some torn tendons in my right shoulder since August 2012. Long story short, I had surgery January 2013, I had an extension up to the end of April, but got fired in March for no reason. Now my question is, after I had proof of my surgery, proof that my injury was as a matter of fact on the job, how and why would I get fired with an extension to my FMLA and it was approved?

  • I’m on fmla because I had surgery. I filled out paperwork and keep in contact with work. My work has been hiring a lot of new people. My boss has threatened to fire me (because of a work related injury). My job hours have already been given to others. There are no available hours left. I have 4 years there all my reviews have been excellent. I know when I return I will not have my full time hours. Can they basically take my job away from me?

  • Not sure if this thread is still active.
    My son was diagnosed end stage CF end of Jan. His only hope is a double lung transplant which requires relocation to another state. If he is not eligible for transplant he will be looking at Hospice care before long. I have missed work 2-3 times for dr. Apts-hospitalizations with him in another city. Usually out with him 3-4 days. I have always given prior notice. My employer has been notified I will be invoking my FMLA right. Six weeks ago I was transferred to another position as I was told it would be easier to cover for me when I am out with my Son. Same pay but less hours. Now, I have been told they cant keep doing this, (accomodate Dr appts)and my hours will be further cut and I likely will not be employed with them much longer. I give them at least 2 wks notice. They had told me numerous times I am a good employee and they would work with me any way possible…I am usually out 3-4 days at the beginning of the month… I am hurt. Is this legal? My employer is a very well known and respected businessman. I dont know what to do.

  • I’m on intermittent FMLA. Employed FT, 40 hours a week, Mon through Friday. I’ve only taken 76 hours in the four months I’ve been on FMLA. My certification says 8 to 12 hours per week may be needed. So I have been working FT since I got my FMLA approved with just a few days off for doctor’s appts and FMLA events.
    My HR dept sent me a letter stating next month my new work schedule will be Mon, Wed, and Fri. Tuesday and Thursday will be my FMLA days. Can they specify my FMLA days and reduce my schedule? I need the money and don’t need that much time off.

    • You should find out if HR is handling your FMLA leave or if another outsourced company is, then contact them in order to find the leave guidelines and if HR can do what you noted above.
      I work for a company that handles FMLA requests for another company of employees and I’ve never heard of HR being able to change the type of leave the employee has in the middle of leave type. Additionally, there are only so many FMLA hours or time available within a year, so your first day of absence or hours taken to be off using FMLA are being reduced from a total amount of time being available.
      If you have a reduced work schedule, then your time may be used quicker opposed to choosing the time for you. Which means that once your FMLA time is gone, then it is an easier way for HR to terminate you if they weren’t able to do so based on your job performance.

  • FMLA is one of the most abused things out there. Do not expect to be gone for months on end and have your job held. The gallbladder example was ridiculous. Other people who actually want to work and will show up will be happy to take your jobs in a minute.

    • What does that even mean? I hope I’m reading your intent wrong, because I bet if you asked around, the majority of people who are sitting at home being sick, like myself with – you know – my fake MS and fake steroid induced issues, would probably prefer to be working and earning their whole paycheck rather than half, not worrying about how they’re going to pay their bills, and paying out of their already empty pockets to keep up the medical insurance they must have to address the very issue that is causing their mess. I’ve been on all sides, HR, Management, etc in my work experience and I can tell you that while some people abuse all systems, it is unfair to speculate when you have no foundation for doing so.

  • So my dr put me out of work on October 24th due to complications with my pregnancy. I filed for NJ temporal disability. My employer sent me a letter of intentions to come back to work where my dr put no date to comeback since we didn’t know when I was coming back since my due date was March 18th. Well, yesterday ( 11/05/14) I received a letter terminating me because my dr is unable to determine when I may be able to comeback . And that the state in which I’m employed( NJ) does not offer short- term disability or the ability to request an unpaid leave and that my leave options are now exhausted. Now, I just had my baby dec 1st she was born at 24 weeks so she’s in the hospital. I thought I had up to 12 weeks after my delivery Date under the FMLA. Any advice on what to do will be greatly appreciated.

    • Sometimes, depending on your state, there may be additional job protection available once your federal FMLA has exhausted (assuming you qualified for FMLA). If you were, then you should see if any additional job protection is available under NJ.

      Again, with FMLA an employee must be with an employer who has at least 50 or more employees, the employee must have worked at least 12 months from the first date of absence under the leave and a total of 1250 hours with his/her company. There is only so much FMLA time available in a rolling calendar period, 12 weeks so let’s say, you were out for two months in the summer and then take another month out two months later; your FMLA would have been exhausted within that calendar year.
      Have to go for now but I’m willing to explain further if needed.

  • Beverly Smothers

    I’m trying to find out what to do, my husband was fired yesterday for having to take breaks to slow his heart rate down so he would not get zapped from his pacemaker. Can anyone help me

  • Shoot i got Terminated while on FMLA was only 3 days in. i was going to be off for 2 to 4 weeks because i got surgery. but after 3 days they said i was terminated.

  • Tammy Jackson

    My boyfriend was covered under FMLA b cause I’m pregnant with him child. My Dr.filled the forms out so he could come to my appointments with me But now we r broke up and I’ve been going to my appointment alone.How Can I get his FMLA terminated so he can’t try to use it to take someone else

  • For the last three years I have been on and off of work and on fmla and this recent I was on fmla from November to beginning of feb and then got sick again end of May and when I got fmla and spoke with them they said I was protected on fmla until aug 10 well come to find HR office calls me and tells me my position was filled and could find another place to work and I was never aware or told nothing about me losing my position. I have mental health issues and have had the process going for my ssdi still in the process is this a discrimination issue

  • My wife and I just had a baby boy 09/14/15, I did not even ask for FMLA leave from my employer but they filled out, filed and granted my FMLA leave for them, albeit about 10 day before I was to go back to work, to just terminate me. No letters saying if you do not return before such and such date no contact just the COBRA insurance paperwork that states date of termination etc… Law says company can not do this; you know if we as people break the law we have consequences for those actions, up to and including jail, fines, court, and possible record following you around for the rest of your life; yet, these companies feel and are sometimes made to feel that they can do no wrong but do not worry even if you do NOTHING will happen to you and there are no consequences to a companies actions no matter how wrong, cruel, and especially ILLEGAL it is for them to do such things. Hey at this point I have nothing to lose, the dumbest part of it all is they were fighting my unemployment benefits but just gave me the paperwork to prove I was terminated; IDIOTS~ oh I am not stopping at unemployment, hoping they will pay out the ass hell may just take FMLA leave for the next year because with newborn you only get to spend this time with the little one once in life after it is gone you can not get it back.
    Why is everyone so hateful and know it all’s on here???? it doesn’t seem people are wanting others to feel sorry for them as much as they are simply trying to gather information…yet someone wants to be superwoman, well good for you maam that you heal so quickly and went back to work so soon after giving birth aren’t you a freak of nature???? everyone is so hateful anymore is that not why God flooded the earth the first time because we were all heathens and full of hate towards our fellow man and woman???? just a thought

  • Can a person be suspended if they were on FMLA. I was informed by my boss but not given a letter that I would be suspended on DEC. 14. Then my dad got sick this week and i was given the fmla papers but not a definite if I was approved for it. The doctor says I need to be out for at least 3 weeks. My boss texted me tonight to come to work as the hr wanted to speak to me. What do I do?

    • Yes, you can be suspended while on FMLA if the company can and most likely will prove that it would have happened if you were not on FMLA..

  • Wendy Cartright

    In the first situation you described, the layoff was obviously not honestly or rightfully warranted. In situations like the Cutcher v. Kmart Corp. there are definitely ways to prove that the company was already planning to terminate the employee before taking FMLA leave. However, since Kmart Corp’s evidence originated during the time of Cutcher’s leave, it should have been deemed invalid. As you said, it’s not possible for her work performance to deteriorate while she is on leave.

  • I’m being forced to go Prn due to going over 12 weeks FMLA I’m still under a Dr care due to surgery my health insurance is being cancelled end of January” 2016 I still need medical care I been employed since February 24,2009 can I do anything about this?

  • I had a baby on 12/19/15. On 1/7/16 I received a phone call from my employer she stated that she was going to terminate me because she feels that i left the company in a bind. Can they terminate me while on maternity leave? If they cant who should I contact?? Also this law firm is contracted with the county in California?

  • I was approved for 12 weeks intermittent FMLA in October. I utilize more FMLA time than I accrue each pay period so I am not getting paid for some of my FMLA time off.

    I have also taken 8 or 9 days off for other sick matters and 2 vacation days since December. These have all been unpaid since I do not have accrued leave because of FMLA. I had doctor’s note for two occasions.

    My employer says the NON-FMLA leave is excessive and is warning me I can be disciplined if I do not curb my usage for matters other than FMLA.

    Is this allowable? Can I be disciplined for taking unpaid time off that is not FMLA? I thought I was protected. The company policy says that time in excess of accrued leave may be unpaid.

  • I apparently missed a straight forward answer anywhere. The question was. Can a person be fired while on short term disability wc leave? Second question is can a person be fired due to no being released to return to work? Regardless if there FMLA is used up.

  • I am currently out.of work due to taking birth control and I ended up getting blood clots. Being that i am in xarelto stopped my birth control have fibroids when my cycle comes in i lose alot of blood. I had to get a blood transfusion and iron iv for weeks.I have been out if work for three months and my doc is keeping me out for another month. I am on short term disability. I received a letter from my job telling me they wanted me to go to another doc to get a second opinion. I heard they hired a lawyer to see if I can come back sooner. How would they be able to ger access to my files under the hippa law? My privacy was invaded. The person who did it said they are doing it to get me to come back to work sooner. They don’t believe I’m sick. What should I do

  • shondra kulik

    Practical suggestions . I learned a lot from the insight , Does someone know if I could possibly get a sample CA Form 275-321 form to edit ?

  • Ms.Wilda Maymi

    On Feb 2015 I was terminated from my job, and it was after three month of coming back from surgery. I was on FMLA leave. When I came back to work on Aug 11, 2015 , I put in a transfer to a middle school and I new about the Bad rumor of the Head Custodian , He fail to supervisor me and stop giving me supplies. I was accuse of calling him the n word. But what I call him was black in Spanish (Negro) it was unfounded and yet during the hearing they put it back as evident. I was terminated because the surgery was very painful and it left me doing my work slow but I never left my work undone or left it for my other co workers. I always completed my work . The new superintendance started to fire low performance worker. But I was low performance , I was slow performance. I believe this is wrongful termination. My employer knew that I had come from having a minor surgery and it would take me time to get back to my speed. I know there is something wrong with me losing my job because of my surgery.

  • Oct 24, 2016. I was laid off from my job (Oct 24)because I had back surgery (Oct 5) and my doctor gave me the ok to go back to work (Oct 25) only to do light duty for 2 months. I was hired on this job (Oct 1). They knew I had to have back surgery before they fully hired me. The next day I was suppose to go back to work and they call me stating that they can’t use me because of the 2 months light duty. Like I said earlier, they hired me knowing I have to have back surgery, and also knowing that if anyone who have back surgery

  • Continue from the last comment.

    can’t return back to full duty. Can’t I do something about this matter?

  • I have been with my job for 17 months. I have been through quite a lot in this time period. I have been working with my HR for the time off o needed. Last year my kidneys failed, i am a T1 Diabetic. I was put on dialysis and was off work for 2 weeks two days after my apartmenf burned down. 2 months later i was on my way home from work and was involved in a car accident that left me unable to use my right hand for 1 month. HR determined that i was unfot to work at the time and gave me LOA. The HR guaranteed that i would not lose my job. After coming back to work my supervisor wrote me up for many things. Usually about 2x a week for months. Many of these issues were being overlooked for other employees including tge supervisor! I took this to HR after 6 months of this happening. Nothing was done. I now qualify for FMLA and am waiting for a dual transplant. I still work FT while doing dialysis at home. Recently i was suspended for a week and told that termination may follow. I contacted a lawyer who suggested i file with EEOC and the Labor Industry for investigation along with the ADA before having the ability to go to court by filing a suit. Thers have been many times i felt ADA discrimination, but it is not straight forward or easy to prove. They have been minor incidents. Is there anyone that could give me advice? I am a single mom trying to survive.

  • What if, while on intermittent FMLA, the employee states negative comments about the employer, violates company confidentiality and threatens workplace retaliation upon return? Can the employee be terminated without allowing them back on the premises?

« Previous Article     Next Article »