Legal Question in Disability Law in Kentucky

Disability and Termanation

I called my corparate office and told them I would need to be put on short term disability and they gave me all the information I needed. I didn't know that I needed to do anything else because my case worker didn't say I needed to fill out FMLA as well and now I am termanated and still recieving my short term disability. Is there anything I can do to get my job back. If I new there was papers to fill out I would have had them done. I have psuedotumor cerbri and I don't know when I can return to work. Thanks for you help in advance. I'm trying to see if I have a case.

Asked on 7/09/08, 9:34 pm

1 Answer from Attorneys

Andrew Dutkanych III Biesecker & Dutkanych

Re: Disability and Termanation

Generally, if you give your employer notice of your need for leave under the FMLA, then your absences will be protected. If they have forms for you to fill out, they are supposed to provide them to you along with a notice of your obligations under the FMLA, such as returning th eform within fifteen days. I am assuming that you were otherwise qualified for the FMLA (employer has more than 50 employees, you have worked there more than a year and more than 1250 hours in the past year). I would encourage you to speak with an attorney directly to discuss your situaiton in more detail, becuase it appears that you may have a case against your employer. Most attorneys offer a free consultation (like myself) for this purpose. If you would like, you may call me at the number in my profile or email me at [email protected].

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Answered on 7/09/08, 9:53 pm

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