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I was fired from my job due to attendance while on Leave Of Absence. Is this legal, if not what can I do?

Fort Lauderdale, FL |

LOA was taken on 6/3/2013. I was adv that I would only be granted 1 month for LOA unless otherwise requested by my Dr. My Dr request bed rest for me 2 weeks prior to the scheduled delivery which already added 2 weeks to the 6 weeks that I would need for recovery from the C-Section. I got a call from HR on 6/18/2013 (2 weeks after I had already been on LOA "or so I thought") stating that they never received my paperwork that I faxed in. I was in the hospital at that time (C-Section date was 6/17/2013) and informed them that I will re-fax paper work once I am discharged; which is what I did. I ended up having to go back into the hospital and was again discharged on 7/17/2013 which is the date the letter shows I was fired. I was never told that my job was in jeopardy. Return to work date 8/5

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Attorney answers 2


See enclosed link as you may have a case against your employer for violating your rights under FMLA which is enforced by the U.S. Department of Labor.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.


If your job is protected by FMLA you may have some remedies against your employer.