Thank you for the information and your question. If your employer is targeting you for harassment because of a real or perceived disability, then that would be unlawful discrimination
. In addition, if you qualify for FMLA, which of course does not require hospitalization as long as your doctor certifies that you have a serious health condition for which you need to be out of work for at least 3 days and is continuing, your employer cannot take an adverse action against you for being on, or askng for, FMLA. They cannot use your attendance during FMLA qualified time against you and cannot harass you because of your status under FMLA.
So, although I couldn't guess the ultimate outcome of your case, since I do not have all of the facts, including those from the employer's perspective, I can tell you that you should seriously consider sitting down with a local employment law
attorney who deals with FMLA and disability discrimination
issues to discuss your case in detail and come up with a plan of action. You can also, if you choose, file a complaint with the Wage
and Hour Division of the U.S. Department of Labor
for the FMLA issues, and with the EEOC
for the disability discrimination/harassment issues.
Please let me know if you have any specific follow up questions for me. I would be glad to assist you further if I can.