Terminated while on FMLA

UPDATED: Sep 30, 2022

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Terminated while on FMLA

I recently informed my employer of my ADHD and severe anxiety and that is was
causing a possible health and safety issue in my current job. He told me to go
home until I could provide medical records. I did that. The he told me I couldn’t
return to work until they found an ‘accomidating’ job for me. So I filed with
FMLA and never received a call back from my employer. I called him this last
Thursday and he said he wasn’t sure where to place me and that he would call me
back the following day. I did not receive a call so I called him and had to leave
a message. I had to do the same thing the following Monday and Tuesday. New Link Destination
day he
calls and says he doesn’t have a place for me and they were terminating my
employment. I am on FMLA. WHat can I do?

Asked on February 1, 2017 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot be terminated while on FMLA (you can be terminated on your return, for a valid, non-FMLA-related reason). You may also not be terminated for having a disability or medical condition unless your employer truly cannot reasonably accommodate your condition (that is, there is no reasonable way for you to do the job). Based on what you have written, your termination may be illegal. Contact your state department of labor and/or the federal EEOC to discuss filing complaints.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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