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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I apply but need to stay home immediately,

Customer Question

If I apply for FMLA but need to stay home immediately, before I receive approval, can my employer fire me for not going to work?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years 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.
If you have a qualified medical condition and have asked for leave under FMLA for that condition, that FMLA is retroactive to the first date you must be out of work for your qualified condition. Thus, if you have to stay out immediately for a qualified reason, your employer cannot terminate you if they know or should know that FMLA should apply and they know because you have submitted the request.
Customer: replied 2 years ago.
It turns out that my company did not qualify for FMLA because our specific location does not have 50 employees. I filed for short term disability instead. Short term disability requires that i be disabled for 8 days before it kicks in. I filed and my company fired me before the 8 days was complete. Can they do that?Thanks