Is leaving a job considered to be “voluntary termination” if your employer will not accommodate health restrictions?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is leaving a job considered to be “voluntary termination” if your employer will not accommodate health restrictions?

I have been off work with a big company for 2 months for a back injury and high risk pregnancy. When I was taken off work my doctor put me on light restrictions but I was able to work. My employer said that they could not accommodate the restrictions and I would have to continue to be off work. Monday I received a letter from corporate saying that I did not qualify for FMLA and I needed to return to work by this coming Monday or I would be “voluntarily terminated”. I was released to work with no physical restrictions but 4 hour shifts instead of 6 hours but they say no. Am I still quitting if I don’t go in because they say I can’t?

Asked on July 16, 2010 under Employment Labor Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It sounds to me like you have a case for employment discrimination based upon your being pregnant.  Under FMLA ”eligible” employees to take off up to t 12 work weeks in any 12 month period for the birth or adoption of a child, t to care for a family member, or if the employee themselves has serious health t condition.  An “eligible” t employee is an employee who has been employed by the employer for a least t 12 months and worked at least 1,250 hours. The 12 months do not need to be t consecutive. You are only an “eligible” employee if your employer t employs 50 or more employees within 75 miles of the worksite.  FMLA can be taken on t an intermittent basis allowing the employee to work on a less than full-time t schedule. Do you qualify?  Seek help from an attorney in your area as soon as possible.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption