Terminated while on FMLA

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Terminated while on FMLA

I recently informed my employer of my ADHD and severe anxiety and that is was
causing a possible health and safety issue in my current job. He told me to go
home until I could provide medical records. I did that. The he told me I couldn’t
return to work until they found an ‘accomidating’ job for me. So I filed with
FMLA and never received a call back from my employer. I called him this last
Thursday and he said he wasn’t sure where to place me and that he would call me
back the following day. I did not receive a call so I called him and had to leave
a message. I had to do the same thing the following Monday and Tuesday. Today he
calls and says he doesn’t have a place for me and they were terminating my
employment. I am on FMLA. WHat can I do?

Asked on February 1, 2017 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot be terminated while on FMLA (you can be terminated on your return, for a valid, non-FMLA-related reason). You may also not be terminated for having a disability or medical condition unless your employer truly cannot reasonably accommodate your condition (that is, there is no reasonable way for you to do the job). Based on what you have written, your termination may be illegal. Contact your state department of labor and/or the federal EEOC to discuss filing complaints.


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