Legal Question in Disability Law in Florida
Disability/FMLA
I live in FL and I have Lupus/Fibromylagia. My doctor has put me out on six months disability. My employer has stated that I will be terminated while on disability and have to re-apply if another position is available once the six months is over. The reason is I started FMLA on 2/27/07 and only have 147 hours left, then they will apply the 30 day LOA. Once that is gone, they are going to terminate me. Even with the 12 weeks FMLA and extra 30 days I would not have enough to cover me for the full 6 months, so either way the planned on terminating me. Since this is a perminate disability, meaning it will never go away, can they do this? Thanks confused and upset in FL.
1 Answer from Attorneys
Re: Disability/FMLA
Under federal law you are in a pretty difficult situation. The only argument which I can see preserving your employment would be if you could return to work with some sort of accommodation. Reasonable accommodations are required under the ADA and if you can return with such an accommodation, then you may able to preserve your employment.
Of course, there are also state law issues which may have different answers than the federal laws which I have discussed. To map out your strategy and get advice as to your state law rights, you should consult with an experienced labor and employment attorney in your area.
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