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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12928
Experience:  Significant experience in all areas of employment law.
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I was denied FMLA due to short of hours worked. I have

Customer Question

I was denied FMLA due to short of hours worked. I have worked there 11 years. Will I lose my job?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: My doctor wants me to go on short term disability but was denied FMLA
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

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

What is the nature of your medical condition? Also, how long do you expect to be off work and would there be any way for your employer to get by without replacing you? I very much look forward to helping you on this matter.

Customer: replied 2 months ago.
Clinical depression, generalized anxiety disorder and PTSD. My doctor said at least 4 months. My employer can get by.
Expert:  Patrick, Esq. replied 2 months ago.

Thank you.

Even if you have not been working long enough for FMLA, you can argue that these conditions qualify as a "disability" under the Americans With Disabilities Act and that under the ADA you are entitled to protected time off work as a "reasonable accommodation." Unlike the FMLA qhich guarantees up to 12 weeks of protected leave, the ADA "reasonable accommodation" requirement does not specify how much protected leave an employer must offer--it simply comes down to what is "reasonable," defined as what does not cause your employer to suffer undue hardship.

If you believe your employer can get by without you while you're gone, then you certainly have a case for arguing that you are entitled to protected time off under the ADA. The biggest problem is that you do not have a defined return date. "Open ended" leave is generally not considered to be a reasonable accommodation, so I would do the best you can to provide at least an approximate expected return date. I would communicate all of this to your employer via email and also via letter sent certified mail. If you are still termination, your recourse is to file a complaint with the EEOC for violation of the ADA. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

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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