Can my employee legally fire me if I don’t meet a deadline because of a migraine for which FMLA was approved?

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Can my employee legally fire me if I don’t meet a deadline because of a migraine for which FMLA was approved?

I was recently fired because I didn’t meet a deadline. I had told me employer I had a history of migraines, in fact I had FMLA approved by my employer for this condition.

Asked on May 2, 2019 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be terminated for missing a deadline due to a migraine. The law only requires "reasonable accommodations" to employee medical conditions; a reasonable accommdotion is one that lets them get their job done, on time. Missing deadlines is not a reasonable accommodation, since it is not reasonable for an employer to be unable to manage its schedule and deadlines. So even if the migraine was the cause, the employer did not need to accommodate you by giving you more time, and instead could termiante you.


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