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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56487
Experience:  Licensed attorney helping employers and employees.
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I am applying FMLA extreme anxiety

Customer Question

I am applying for intermittent FMLA for an extreme anxiety condition. In the letter to my employer explaining the reason for days needed to stay at home. There is no advance warning when my panic attacks will occur. One statement she wrote my doctor said " patient is unable to function when she gets severe panic/anxiety attacks which can put herself and others at risk....she goes on to say I need to stay at home until it passes."
I knew my employer would take others at risk the wrong way so I called my doctor and she sent another letter " For clairification on Page 2&4 PT might put others at risk if she makes mistake or misses something in her performance at work"
I do believe my employer is either going to move me out of my current position and or fire me for putting others at risk.
I have not had time to give her the clarification letter yet? I am giving this to them at our meeting today but my Supervisor was told yesterday that I had the letter.
Can they do this either move my position or fire me for the safety of my co-workers
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
The employer cannot discriminate. It must reasonably accommodate. If it can do so then termination would be illegal. If others at risk it may legally seek to relocate or work out remote working if possible until the condition improves and there is no such danger. I wish you the best. I trust the answer has been helpful. kindly let me know.
Customer: replied 1 year ago.
The only risk is me causing them to make an error at work
Expert:  Infolawyer replied 1 year ago.
The employer can definitely accomodate here since no risk of physical harm. Practically the employer is not likely to discriminate and if seeks to take any action you can have a local lawyer call them and work out a settlement.
Expert:  Infolawyer replied 1 year ago.
The company wont want to risk lawsuit, labor board complaint and possible eeoc complaint.
Expert:  Infolawyer replied 1 year ago.
Kindly let me know if the answer is now clearer and acceptable.
Expert:  Infolawyer replied 1 year ago.
Kindly click on a positive rating.

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