Hello again and thank you for your reply. STD and FMLA are two completely different issues. STD is only a wage
replacement and FMLA is unpaid leave guaranteed (for up to 12 weeks in a year) that provides job protection. So, the first issue is whether or not the employer offered FMLA and if your husband declined to have the doctor certify him. If that is the case, then your husband would not have job protection provided by FMLA, which guarantees job reinstatement and prohibits termination for taking FMLA. On the other hand, if the employer never offered FMLA, then your husband has a case against the employer for violation of FMLA and wrongful termination
based on that. In that case, your husband could file a complaint with the Wage and Hour Division of the U.S. DOL, which enforces the FMLA, or he could hire an attorney and file suit. The other issue here is whether his employer used the reason they did, as a subterfuge for terminating hims because of his health condition. In that case, your husband would have a disability discrimination
case he could pursue. He would need to file a complaint with the EEOC
and consult an attorney about that as well. If, however, the employer had a legitimate business reason for letting him go that they could prove was unrelated to his illness, then there would not be a case for discrimination
. Please feel free to ask for clarification.