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FMLA while sick at work - 6 weeks to go
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05-12-2008, 03:19 PM
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FMLA while sick at work - 6 weeks to go
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I was sick all of February, even in the hospital for 10 days - FMLA fully qualified and documented. I have been sick for a year - seven stomach ulcers and more. Upon arrival back at work at the end of Feb., I was told "while you were out we saw we could do without you, so for budget reasons we are terminating your position." So they covered themselves by saying it was a budget thing.
The problem is that even though I'm back at work, I am too sick to look for a new job, much less start a new one. So my current job will be "eliminated" and I will be unemployed June 30. I have been looking HARD for a new job since they told me, but no luck. I mean, I look like hell. Even I don't think I would hire me. The doctor doesn't want me to be at work, but I don't have any sick time. I have FMLA until October. Do I have any hope? I'm in Florida and I work for the state. Is there anything I can do?
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05-12-2008, 03:22 PM
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#2
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You still qualify for unempolyment since your position has been eliminated due to no fault of your own.
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05-12-2008, 03:26 PM
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#3
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Thank you for the quick reply. I know I qualify for unemployment, but it only pays one thousand dollars a month. That won't even pay my mortgage. Hardly seems fair since I am sick and they fired me because I am sick.
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05-12-2008, 05:09 PM
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#4
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FMLA does not mean you cannot lose your job for any reason. It means you cannot lose your job for the reason you took FMLA. It does mean you can still be laid off. If you want to consult with an employment attorney you can do that.
Also FMLA only covers you for 90 days. If you still continue to miss work, you can still be terminated.
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05-13-2008, 11:51 AM
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#5
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Extract from the DOL website about FMLA.
Q: Will I lose my job if I take FMLA leave?
Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, salaried ("key") employees.
http://www.dol.gov/elaws/esa/fmla/faq.asp - check out the link if any other questions. Good Luck!
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