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Can my employer fire me if I use my FMLA leave?

Saint Petersburg, FL |

I can do the essential functions of my job with reasonable accommodations, but my employer hasn't provided me with reasonable accommodations at this time. My employer wants me to return to work, but I am unable to do 2 out of the six work stations because of work place barriers which is preventing me from doing my job. I also have a known disability that the employer is aware of.

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Attorney answers 1


Your employer can't fire you BECAUSE you are properly using FMLA leave. But on the other hand, being out on medical leave doesn't prevent the employer from firing you for a legitimate reason, such as because you can't do the job. Situations involving reasonable accommodation of disabiity are very fact-specific. You need to consult an employment lawyer who can advise you.

Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.

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