I am a 54 year old HIV+ male. I will be having surgery to repair an Achilles tear and a partial knee replacement. These problems have been exacerbated by the medication i take. Can my employer fire me for taking time off for these procedures? I work for a world wide aviation services company, but we do not have FMLA due to the fact that they count the employees by each base, not the company as a whole.
2 Answers from Attorneys
FMLA applies to employers with 50 or more employees within a 75 mile radius of your workplace. If the company doesn't have that many employees within a 75 mile radius, you are not protected by FMLA but your condition may still require "reasonable accommodation" by your employer. Call an employment law attorney to discuss.
ditto Ms. Karila's answer. The company can not categorize the workforce in a way designed to defeat the laws, such as FMLA. You may or may not qualify for FMLA on 'employee count'.
You may be entitled to 'accommodation' of a 'disability', though this surgery is not really likely to qualify you for that. You can try, by hiring counsel to make the 'demand' upon the company and try to negotiate a deal for you.
If serious about hiring counsel to help in this, feel free to contact me.