Is it legal?

[gottaask]

What is the name of your state? CA

Is it legal for a company to fire you, after 17 years of undenied excellent service, because you did not return to work on the 1st day following the 12th week of a FMLA leave? He is still sick and under a doctors care.

FYI, this company has a history of firing excellent employees after 16 or 17 years so they don't have to offer a full retirement benefit package.

 

[Beth3]

Yes, it's legal. Once your husband exhausted his 12 weeks of FMLA leave, the employer had no obligation to extend any additional leave time. It's unfortunate they couldn't extend more leave time to him but nothing requires them to do so.

 

[gottaask]

Under ADA rules

isn't the employer 'supposed' to try and make accomodations for the employee to return to work, ie; work from home?

He works (worked) from home (at least) 40% of the time anyway.

 

[cbg]

No.

First of all, just because a person qualifies for FMLA doesn't mean they also qualify under the ADA, and vice versa. Second, The ADA does NOT say that an employer has to "accomodate" an employee by EITHER extending a leave or allowing them to work from home. Finally, if he's not well enough to return to work, he may not be able to work from home either.

Sorry, but this just is not illegal under either FMLA or ADA regulations.

 

[gottaask]

okay

thanks for your time!