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Forced to take FMLA early

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Junior Member
What is the name of your state?NC

I will try to be as brief and to the point as I can. A friend of mine who is employed with the state was contracted to work in the medical office I am employed. In August 2004 she became severly ill with an obstructed colon. At that time she was commuting 60 miles round trip for therapy before work 3 times a week. When she asked the lead physician if she could work 2 days in the office and 2 days at home, the physician called her bosses and informed them she felt my friend was not performing her job up to par with her current condition. Needless to say her supervisors felt it best if she took her FMLA leave early instead of October, at which time she was scheduled for a bowel reconstruction if the therapy did not work.

In October she had the surgery also a colostomy was done. She has been on disabilty and still recouperating with her illness since. Today she was informed that my practice no longer needed her services and was told to pick up her belongings. It was devasting to see a person treated like this and from a physician at that. You never know when tragedy may strike and I hope there is something she can do.

Thank you for listening....


Junior Member
Well she needs to seek a lawyer. I do know the law in Louisiana is you can't be fired if you have not been released from the doctor. Wish her well. Also have her check the labor laws in your state


Senior Member
There's not enough information in your post to determine whether the employer violated the FMLA or not. If she was unable to perform her job due to her medical condition, the employer could place her on leave status and attribute that time to her FMLA entitlement. If she was terminated following her surgery because she'd used up the 12 weeks of FMLA, that is lawful as well.

Your post is too short on information to determine if the above is how her situation was handled.

I do know the law in Louisiana is you can't be fired if you have not been released from the doctor. rts, that simply is not true.

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