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Anne_C
Anne_C, Lawyer
Category: Employment Law
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Experience:  15 Years Litigation Experience
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I am in fear of losing my job due to health problems. I ...

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I am in fear of losing my job due to health problems. I have used 4 sick days this year already and 5 vacation days. I was notified by my manager today that a report was generated and that my time off was excessive. I have been seeing a neurosurgeon for possible surgery and have now been referred to a cardiologist for premature contractions and dizzy spells. I work for a major pharmaceutical company and have for 9+ years. Do I have any legal recourse if I am terminated
Submitted: 6 years ago.
Category: Employment Law
Expert:  Anne_C replied 6 years ago.

Dear Grand Rivers, Kentucky:

If you were terminated, you might have some ability to sue for failure to accommodate a disability under the Americans with Disabilities Act (ADA). Here's a link to their website: http://www.ada.gov/. However, it might be difficult to prove violation of the ADA because it sounds like you are not quite disabled -- although you may end up that way.

HOWEVER, from what you are describing, it does sound like your employer should be advising you about the Family Medical Leave Act (FMLA) so that you can take leave to get better. Here is a link to FMLA regulations: http://www.dol.gov/esa/regs/statutes/whd/fmla.htm.

Under FMLA, your employer needs to give you up to four months off, although the time off does not have to be paid. The employer needs to hold your position open, and keep you on its medical insurance plan (although you may need to pay premiums).

If your employer will not accommodate FMLA leave and terminates you, you will have a cause of action.

Your doctor probably will need to certify your leave, so contact him or her for that.

Good luck.

Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2302
Experience: 15 Years Litigation Experience
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