Legal Question in Medical Leave in Massachusetts

Involuntary Medical Leave

I have chronic depression which is mostly controlled by medication. (I verbally informed my employer several years ago, but had not put it in writing.) Stress aggravates my condition. I also cry easily particularly when I am under stress or very anxious. I have been under a great deal of job-related stress and anxiety recently. In 2 meetings with my supervisor and 2 coworkers I began to cry. After the 2nd meeting I wrote a note to my supervisor explaining this. The next day my employer and the personnel director came and gave me a letter stating that since I was ''unable to perform the essential functions and responsibilities of my position due to my medical condition'' I was being placed on Family Medical Leave for 12 weeks. I told them that I was doing my work, but they said I had been crying in the few weeks before that. Can they arbitrarily put me on FMLA for 12 weeks with nothing from a doctor saying I need 12 weeks to ''heal''? This sets my anniversary date back (and potential pay raises) back 3 months and will knock 1 week off my vacation time next year. I am getting paid by using up all my accrued sick and vacation time.


Asked on 10/25/02, 9:43 pm

1 Answer from Attorneys

Thomas Murphy Law Office of Thomas Murphy

Re: Involuntary Medical Leave

No, they cannot do this. Your employer's conduct amounts to discrimination based on disability, and you should speak with a lawyer regarding what you can do.

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Answered on 10/26/02, 12:30 pm


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