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Can I be terminated for submitting completed FMLA paperwork from a doctor?

Saint Petersburg, FL |

My wife suffers from severe depression and anxiety. She has been in the hospital 3 times in 2 years, recently for 7 days just 2 weeks ago. Her doctor made mention that I should spend more time with her. I'm away at work for 10 to 12 hours a day for 6 days per week. He requested on my FMLA paperwork that I work on a reduced 40 hour week. After a conference call on Friday, my boss and H.R. Manager tell me that they may have to let me go because they said I won't be able to complete all my work in that time frame. Can they terminate me? Thanks, Jim

Attorney Answers 1


  1. If you qualify for leave the employer is not able to terminate. There are anti-retaliation provisions that are involved, however, that is not to say you will qualify for this leave. You will have to submit your application to the employer and forward the physician certification to wife's doctor. Leave generally is granted to care for a sick family member, not as a mechanism to reduce hours in a work week. The totall leave you are able to receive is up to 12 weeks.

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