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fired for documented med. condition

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laydibugg77

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? New York

I have a documented medical condition - cronic migraines. I had been with my company for just over two years. I was fired this past Thurs. by a voice mail on my cell phone - no one bothered to call my home to speak to me. They had me bring in a doctors note stating I had this condition and was being treated for it, and told me I could not be fired for absence due to my condition. I was always commended on my work performance. This came as quite a shock since I was never given a verbal or written warning.

Is there anything I can do?
 


Beth3

Senior Member
First we need to determine whether your employer is subject to the Family and Medical Leave Act and whether you're covered by it.

1. How many people does this company employ at the site you worked at and within a 75-mile radius?
2. When did you bring this doctor's note in?
3. How much time have you missed from work over the past 12 months due to your migraine condition?
4. Who told you that you could not be fired for any absences related to this condition? Was that all they said?
 

rmet4nzkx

Senior Member
We need more information.
Who told you that you could not be fired because you have a medical condition?
Did you inform the employer at hiring that you had this condition?
Did you ask for ADA accommodations?
Were ADA accommodations granted? What were they?
Did you apply or were you eligible for FMLA?
Does the employer have at least 50 employees within a 75 mile radius?
Have you worked at least 1,250 hours in the last 12 months?
How much time, have you already taken in the last 12 months related to this chronic medical condition any other illness, including any time for doctor's appointments?
 

laydibugg77

Junior Member
Beth3 said:
First we need to determine whether your employer is subject to the Family and Medical Leave Act and whether you're covered by it.

1. How many people does this company employ at the site you worked at and within a 75-mile radius?
2. When did you bring this doctor's note in?
3. How much time have you missed from work over the past 12 months due to your migraine condition?
4. Who told you that you could not be fired for any absences related to this condition? Was that all they said?

I am not sure of the amt of employees, there are two offices within a block of each other, I would say more than 50.

I brought the doctors note in at least a year ago.

I am also not sure of the amount of time taken. We get 5 sick, 10 vacation and one personal day. I might have gone over by a few days last year.

My supervisor told me I could not be fired as long as I had the doctors note stating I have this condition and are being treated for it.
 

Beth3

Senior Member
If there are at least 50 employees, then the employer is subject to the federal Family and Medical Leave Act, which means that once it appeared you had a condition that qualifies as a "serious medical condition" and were in need of FMLA leave (in this case, on an intermittent basis), the employer was obligated either to treat subsequent absences due to your migraines as FMLA leave or give you FMLA certification paperwork to further substantiate your condition and need for leave. You were entitled to up to 12 weeks of FMLA leave per rolling 12-month period or calendar year.

I can't tell you conclusively since I don't know how much time you've been absent due to your migraines but it appears likely that an FMLA violation occurred. I suggest you do an internet search on "Family and Medical Leave Act" and acquaint yourself with the particulars and if you believe your FMLA rights were violated, then contact the federal Department of Labor to file a complaint. You may also wish to speak to an employment law attorney.

There is a possibility of an ADA violation but establishing whether a partiuclar medical condition meets the definition of a disability under the ADA is seldom clear-cut. You may wish to discuss that with an attorney too but the most apparent violation is almost certainly the FMLA.
 
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cbg

I'm a Northern Girl
I do not disagree with Beth but just for clarification purposes:

Your supervisor is at least partially incorrect. While FMLA entitles you to up to 12 weeks of of protected medical leave in a 12 month period, if you exceed that 12 weeks you CAN legally be terminated for missing any more time, EVEN IF you have a doctor's documentation.
 

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