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-   -   FMLA possibly getting fired (https://www.askmehelpdesk.com/showthread.php?t=587102)

  • Jul 12, 2011, 02:17 PM
    kathyb12
    FMLA possibly getting fired
    I am on intermittent FMLA for myself and my husband. I have asked for the paperwork to get my FMLA updated and was told not to worry about it. I have hep c with a variety of complications, I also have hypertension and have been in hospital numerous times. Recentl our company was bought by another organization many people have been fired and I have been out for leg swelling which I was placed in bed to keep leg elevated above heart awaiting results about possible blood clot. I have asked on numerous occasions to work from home as other employees do and they keep flip flopping in this I would not have missed work, however I was told now they are not going to do this until people are cross trained. I was informed by co-worker they have posted my job and it is for remote user. I feel they are going to let me go when I return tomorrow. Do I have any recourse? Even Drs. Are telling me that I need to de-stress and all doctors. Are about a 30 minute drive from my work, 3x I have been taken from my work for the blood pressure the last time 200/104 pulse 40 dr. saying I was just waiting to fall down. The RN from work was the one who took me to the Dr. Now I am getting this and I don't know what to do my husband is on disability any advice can help
  • Jul 12, 2011, 02:27 PM
    JudyKayTee

    Are you on FMLA or not?

    If you are physically unable to work and your Physician will sign statements to that effect you should go on disability. Do you have an employment contract? Is there a Union?

    To a certain extent you cannot be terminated due to illness BUT you can be terminated if your job MUST be filled or if your attendance/performance are spotty.

    I was an office manager and someone who was taken from work 3 times with serious health problems due to stress would not have been a good candidate in our firm. I understand both sides of this - you want to work and they are questioning (apparently) your ability to do the job. They need someone in your job every day.
  • Jul 12, 2011, 03:12 PM
    ballengerb1

    Sounds like the job is the least of your concerns and is likely adding to your health issues. When companies buy out other companies its common for many to llose their job. I am not sure where you work or what you do but most employees are considered "at will employees" and can be terminated for no cause. At this moment you have no recourse since this is all speculation. Have you talked to your supervisor about doing your job as the new remote employee?
  • Jul 12, 2011, 04:01 PM
    kathyb12
    Comment on JudyKayTee's post
    I am on FMLA and I asked HR director for the form so it could be updated, she said it was not necessary however if there are new health issues. All abscences are documented by my physcian henceforth the reason for requesting the need for updated form. I have also requested to work from home and documented the reason is less stressful environment and close to my physcians. I have worked from home for approximately 4 months and my production level was increased. There are other employees that perform same functions have worked less times than myself and they are allowing this person to work from home. This person's wife is going to have a baby and he is on FMLA also. How is this fair
  • Jul 12, 2011, 07:40 PM
    Fr_Chuck

    First of course FMLA is not a off/on type thing, it is a long term leave. Ask Human Resource to provide you a statement in writing that they do not need any additional info at that time.

    Are you asking that your leave be changed from one reason to another ? Unless the reason for your leave has changed, merely having additional illness may not require any additional paper work.

    Also they may fill your job, they do not have to return you to your same job when you come back, only to a job, so if they feel you will be out for a longer period, they will and can hire someone else to do your old job.

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