have been on a medical LOA for past 5 months due to cancer and work related stress. Just received a letter from employer if I don't show up next week I'm terminated. I need help in dealing with this company.
2006-07-19 12:00:02 · 5 answers · asked by livingwithcancer 1 in Business & Finance ➔ Careers & Employment
Under Family Medical Leave Act (FMLA) guidelines, your employer is legally required to provide 12 weeks in any 12 month period of unpaid leave.
2006-07-19 12:06:07 · answer #1 · answered by daspook19 4 · 0⤊ 0⤋
I would check out the company's policy and procedure related to LOA. Yes, you are eligible for 'family medical leave' but you too need to understand that while you are gone, your coworkers are picking up extra to cover you. Also, due to budgetary restrictions, your position probably cannot be filled because you are still shown on the books. I am certain you would agree that 5 months is a long time for your employer to hold your job. Do you know when you will be able to return? Perhaps if you called your employer and told them you need 2 more weeks, they may be understanding. If not, you certainly can reapply for your position once you are released from your physician. I'm not sticking up for your employer, but it does seem that they have been very fair to you. Good Luck to you!!
2006-07-19 12:08:10 · answer #2 · answered by wanninonni 6 · 0⤊ 0⤋
FMLA, the Family and Medical Leave Act was passed in order to provide protection to employees who need extended leave for certain issues, like pregnancy or severe illnesses. It does prevent employers from terminating employees during their leave period, with some exceptions.
Since I'm no expert on employment law, I can't say for sure whether your particular situation fits in under these exceptions, but I would strongly suggest you contact the HR / Personnel department about this.
If your boss just shot off a letter without telling HR, then HR might just step in and kill it. HR departments don't want potential lawsuits, and fooling around with FMLA is a biggie!
The EEOC, Equal Opportunity Employment Commission is the governmental agency that overseas and investigates unlawful and discriminatory hiring practices. You could just give them a call to see if your employer might be violating any employment laws.
For example, rejecting an applicant for employment simply because he or she is Black is illegal and discriminatory. The EEOC will step in and go after these employers.
2006-07-19 18:32:09 · answer #3 · answered by msoexpert 6 · 0⤊ 0⤋
Sorry to hear of your illness ...i have FMLA at my work and the only way they can fire you is if you are caught doing something else that you were supposed to be avoiding which prevented you from your current employer like if you hurt your leg if your out gardening they may have probable cause to fire you but its a lenghty process and hard to get fired too they need proof. other than that i don't know
2006-07-19 12:06:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you can be fired, but only if they are an at will employer or you are of sick time or vaction time. now this days job sites don't care if you are sick or not, if you are not there doing work they will fire you to get someone in there that can do the job. I hope I helped. Deborah
2006-07-19 12:07:59 · answer #5 · answered by 8814princess 2 · 0⤊ 0⤋