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Fired day after FMLA ended

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Mary1912

Junior Member
What is the name of your state? Ohio

My husband was on FMLA for 2 months(having seizure episodes and disorientation), returned to work with doc's release and worked for one week then slipped back physically and went back on FMLA. The employer (large national organization) asked my husband to complete a medical certification form and a leave of absence form as he was expected to go over his FMLA by a week and needed to have that covered. He was asked by his employer to return these forms (one needing a doc's signature) by 6/15.

On 6/12 he suffered a 2nd degree burn across his thigh and was not able to drive to his doc appointment or even get off the couch to complete the paperwork. My husband called his HR contact and left her a voicemail stating this and he would have it completed when he could get back to the doc (which is this week).

Today he received a letter terminating him for failure to provide the medical certification for FMLA. IN the emails and official correspondence between the HR person and my husband, it never was indicated that failure to produce the forms would result in termination. However her termination letter says that she warned him about this. But it is in neither the email or the letter that termination was a possibility if the forms were not completed.

Do we have a case or not. He was fired the day after his FMLA ran out (although he was not expected back to work for 6 more working days after the FMLA).
 


cbg

I'm a Northern Girl
Without some evidence that he was fired BECAUSE he applied for FMLA, no. Once his FMLA was exhausted, his employer had no legal obligation to return him to work.
 

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