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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

Posted

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. https://www.fmlasource.com/FMLAWeb/com/compsych/fmla/jpf/home/yourRights.jsp

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.

Posted

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