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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116707
Experience:  20+ Years of Employment Law Experience
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Podiatrist told I was unable to be credential by C.

Customer Question

Podiatrist told I was unable to be credential by C. Podiatric svc. for lying on my application (malpractice issue) Now wants me to return to work be he states I am still employed... Question can I use FMLA to stay employed and how long
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Mexico Federal Hospital With IHS
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time Federal Statutes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no 573-353 -5438
Submitted: 8 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you cannot just use FMLA to stay employed if you cannot be credentialed. FMLA grants employees 12 weeks of protection in their employment for having to take leave for a qualified medical reason. However, FMLA does not protect an employee from being terminated for something that has nothing to do with their medical condition and leave but would have led to their termination regardless of them taking FMLA leave.
So legally, no FMLA will not prevent you from being terminated if the employer wants to terminate you for lying on your application I am afraid. They could terminate you even when on FMLA for some type of misconduct in employment, such as lying on the application.
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