If I was terminated for missing days due to migraine and tried to get a retroactive FMLA but could not, is there anything I can do?

UPDATED: Mar 20, 2012

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If I was terminated for missing days due to migraine and tried to get a retroactive FMLA but could not, is there anything I can do?

I was a postdoctoral fellow doing breast cancer research at a university with a grant from the DOD. I have had migraines since the age of three and recently I’ve had a migraine that lasted almost six weeks. Due to this medical issue, I have been terminated. I attempted to get a retroactive FMLA on the advice of my neurologist, but I have been denied. My previous year of work I had to sign a modified reappointment document that did not allow any sick or vacation days. Because of my condition, I would miss days and then have to work extreme hours to make up the time before the end of the month.

Asked on March 20, 2012 under Employment Labor Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were terminated from your employment for missing work due to migraines, I suggest that you consult with an attorney that practices employment law or your local department of labor. Potentially your physical malady might be protected under the Americans With Disabilities Act (ADA). If so, your termination from work may have been improper.

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