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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I've had a medical.condition since I.was 15..I've been doing

Customer Question

I've had a medical.condition since I.was 15..I've been doing good through the years but about 7months ago I got sick and had to go on intermittent docs had to adjust my meds and it made me a complete zombie incoherent barley functional at times...I went to my HR abd explained I may need to take a short leave just until my body adjust and she said no not unless I.had proof of boss agreed..I told him if I couldn't my work performance would decline cause I was so bad..during that time he had written me up at least five times to the point where I'm now fired..
Submitted: 3 months ago via Cornell Legal Info Institute.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Did you exhaust your FMLA entitlement with intermittent leave before you realized you needed to take a leave of absence? Why did you not use your FMLA to take the short absence? I very much look forward to helping you on this matter.

Customer: replied 3 months ago.
No I.didn't exhaust my soon as I became sick I realized it would b best for me to take a short leave..they said no..I would have to show proof of hospitalization..I told my boss I've had this medical condition since I was 15..I'm not gonna b hospitalized..I'm just gonna have to see my doctor a few times and have adjustments on my meds..I told him if I couldn't take a leave it would have a major impact on my work I was called into the office at least 2-3 tines a month being wrote up till I was fired
Customer: replied 3 months ago.
I was wrote up four times for my performance n just a matter of a month maybe month and a half
Customer: replied 3 months ago.
Equalled to being suspended twice to three days a pce
Customer: replied 3 months ago.
Last female that was on FMLA she had all her paper work filled out by her doc to come back and he wouldn't let her return he walked her out the door
Customer: replied 3 months ago.
I want to know what my rights r if any
Expert:  Patrick, Esq. replied 3 months ago.

Thank you.

You do not need to show proof of hospitalization in order to qualify for FMLA leave. All you need to show is that you are suffering from a period of incapacity requiring absence of more than three calendar days that involves continuing treatment by (or under the supervision of) a health care provider. Your condition would seem to meet this definition. Accordingly, you would have been entitled to take FMLA and your employer's "denial" of such would constitute a violation of the Act, thus giving rise to a legal claim.

A lawsuit could be pursued with the assistance of a local attorney. See here to find someone in your area who can help.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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