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Fired while on FMLA for surgery

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mommynurse

Junior Member
What is the name of your state (only U.S. law)? NC

I went out of work on Family Medical Leave on August 15, and four days later I was called and told I was being terminated. They gave me the reason that " another nurse said I made a false statement to get out of work early" two days before my surgery, but they have no proof that when I did go home early SICK that I was anywhere else but at home.. I called the dept of labor and they said to write a letter to one of the Doctor's I worked with. Im a single mom of two kids. Not only did I loose my job, but AFLAC denied my short term disability claim 3 times, and then it took 7 weeks for me to get unemployment, and then my former employed canceled my health insurance the day after my advance pay on it ran out, and they did not notify me, or offer me COBRA, I found out at the pharmacy, and that meant that I could not finish my physical therapy for the ACL surgery I just had done, so it has left my knee not healed all the way. Im in jeopardy of loosing my home and car. I am looking for a job, and I have had great interviews, but nothing yet. Im unsure of what I need to do next or if there is anything that I can do??? PLEASE HELP!!!:confused:
 


M

moburkes

Senior Member
mommynurse said:
What is the name of your state (only U.S. law)? NC

I went out of work on Family Medical Leave on August 15, and four days later I was called and told I was being terminated. They gave me the reason that " another nurse said I made a false statement to get out of work early" two days before my surgery, but they have no proof that when I did go home early SICK that I was anywhere else but at home.. I called the dept of labor and they said to write a letter to one of the Doctor's I worked with. Im a single mom of two kids. Not only did I loose my job, but AFLAC denied my short term disability claim 3 times, and then it took 7 weeks for me to get unemployment, and then my former employed canceled my health insurance the day after my advance pay on it ran out, and they did not notify me, or offer me COBRA, I found out at the pharmacy, and that meant that I could not finish my physical therapy for the ACL surgery I just had done, so it has left my knee not healed all the way. Im in jeopardy of loosing my home and car. I am looking for a job, and I have had great interviews, but nothing yet. Im unsure of what I need to do next or if there is anything that I can do??? PLEASE HELP!!!:confused:
Click to expand...
What was the false statement? You can be terminated while on FMLA. That is not illegal.
 
E

ecmst12

Senior Member
They can't fire you BECAUSE you requested FMLA, but they can fire you for any other legal reason WHILE you are on FMLA. You went to the trouble to schedule your time off and give the proper notice for your scheduled surgery, then you took off 2 days early? For an unrelated illness? If you could provide some medical certification that those two days were for the same condition that you were taking the FMLA for and circumstances (worsening condition or whatever) required you to take off early, that might be protected. But an unrelated, non serious, non-FMLA-covered illness is a perfectly legal reason to fire you.

They should have offered you Cobra if you did not otherwise qualify, they have 34 days to notify you and then you have 63 days to decide to accept so long as you pay the premium back to the date of termination.
 
cbg

cbg

I'm a Northern Girl
Clarification;

They have up to 44 days to notify the employee of the right to COBRA. She then has 60 days to make her election, and from the day of election (whether it's day 1 or day 60) she has 45 days to send in her first payment.

It IS legal for them to cancel her insurance until they receive her first payment. Coverage will be retroactive to the cancellation date.
 
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