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Fired while on FMLA for being disabled

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lins0919

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

Applied and was accepted for FMLA leave
beginning on November 20, 2008 and returning
to work on February 12, 2009 for ankle surgery.
My surgeon cleared me to return to work on the
12th but only at half days secondary to residual
difficulty with walking and standing tolerance.

The plan was to begin with 4 hours a day and
work back to full days secondary to my job
being very physical and requiring a lot of
standing and walking. My supervisor was given
my medical clearance and request for half days
on February 5th, the day after I saw the
surgeon and the following day I was called by
my supervisor and our HR rep and was fired for
not being able to return to work 8 hours a day.
I was told I could not apply for more time under
FMLA and that when I could return to work at 8
hours a day I could re-apply for my job but that
my position was no longer being held.

Isn't this a violation of my rights under FMLA because I
was fired while still on it and ADA for failing to
provide reasonable accommodation?
 


cbg

I'm a Northern Girl
It is unlikely that the ADA applies here. In any case, the ADA does not require extended leaves.

FMLA requires that you be returned to the SAME job you had before, or one that is equivalent in ALL respects. If you were working full time before, the employer does not have to allow you to come back to work on a part time basis.
 

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