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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27678
Experience:  Former judicial law clerk, lawyer
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Xxxxx, I have Diabetes, I try an take care of myself. I just

Customer Question

Hello my name is ***** ***** I have Diabetes, I try an take care of myself. I just got FMLA on myself. i work 40 hrs a week. and my Employer just put me on a PIP an I have to that job the 1st of the year. to see if I can do that job. I work In Aerospace And i'm an inspector. 4 yrs, not a very big company in White Settlement, TX....... but I feel my boss is trying to fire me or make me quit. I'm home sick today my blood sugar was up an high thru the night.might not get paid for the Holiday ... Oh Well I'm sick... Do I have any right's?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Your employer is prohibited under federal law from taking negative action against you because you took FMLA or because you have a disability. If you're physically unable to do the job you were hired to because of your diabetes, they need to find you another one - but they can't cut your pay. And if your doctor says that you're able to do the job, they can't demote or transfer you. They unfortunately do not have to pay you holiday pay unless you worked (or unless all employees got the holiday off with pay), but they cannot change your job or fire you because you have diabetes. If they did that, you'd have a right to sue for reinstatement with backpay, plus your attorney's fees and punitive damages.

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