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Feeling harassed at work over my severe medical condition FMLA certified

Walled Lake, MI |

I have had this condition for several years and certified intermittent FMLA each year. I take individual and sometimes continuous days off of my very heavy physically demanding job. I am union. I take off work when I cannot complete my duties. When I go to work I am a little slower than I used to be, I would say what used to take me 9 hours, might take me 10 but only when a little sore. My company is attacking me daily saying when I am gone the people filling in are faster and more productive. I have been there over 20 years and was recently confronted like this in front of my co-workers and it was highly embarrassing. I was told if I can't do the job to their standards I should look elsewhere for work. I am in shock and destroyed after all I have sacrificed for this company.

Attorney Answers 3

  1. I am sorry to hear that you are being treated badly by your employer. The FMLA has protections in place that prohibit retaliation for employees who are seeking leave pursuant to the FMLA. You should contact an employment attorney in your area. Good luck.

  2. It appears your employer has regularly granted your FMLA leave. It appears your employer's concern is your ability, when at work, to adequately complete your work. If your condition is a disability under the Americans With Disabilities Act or any applicable state discrimination law, the assessment will be whether you can perform the essential functions of your job with or without a reasonable accommodation.

  3. I'm agreeing with the prior advice here. The FMLA is federally-created legislation that has a framework preventing an employer from discriminatory behavior. You would be best served to talk to an employment attorney in your area right away to assess this issue.

    Is this “helpful” or a “best” answer? Please mark it if it was, and I hope it was! Thank you! Nancy L. Ballast is an attorney in west Michigan, with a practice centered on family law, estate planning, and criminal law.

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