What are my rights if I’m an alcoholic who has also been diagnosed with major depressive disorder so I went on short term disability and was fired?

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What are my rights if I’m an alcoholic who has also been diagnosed with major depressive disorder so I went on short term disability and was fired?

I have been struggling with these problems for about 3 years now. I recently missed work no call/no show and then filed for FMLA for another 2 days. Although I was not on a major corrective action step, my company suspended me and told me they were going to review this for termination. Before I received word from them, I checked in to a 28 day facility and after completing this treatment filed for short term disability to follow up with counseling, psychiatrist, 12 step meetings and an out-patient program. I notified the company that I would be released to return to work on Monday. I was told to call in to a conference call on Monday morning and was fired.

Asked on September 29, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

According to what  you wrote, you missed work for a no call/no show, then you left for at least another 28 days, which apparently was not FMLA leave you do not write that it was FMLA leave. If this is the case, you may be terminated while employers may have to make certain "reasonable accommodations" for employees with disabilities or physical or mental conditions, they are not required to retain employees who miss work without using FMLA leave or the state uequivalent, if your state has a statute similar to FMLA or using earned/accured paid time off e.g. sick days to cover the absence. Unexecused absenteeism is grounds for termination, even if you were absent for medical reasons.


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