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workplace discrimination
Dec 26, 2013

How can an employer fire someone who is out on fmla before the date the doctor requires the person to either return to work or be reevaluated by the doctor?

Response from Mr. Chambers

There could be several reasons. First, the employer and employees may not come under FMLA.

A covered employer is a private employer with 50 or more employees; a public agency of any size; or a private elementary or secondary school regardless of size.

A covered employee is one who has worked at least 1250 hours and twelve months for the employer before requesting FMLA, and works for a covered employer, and there are at least 50 employees within a 20 mile radius of the worksite.

There may be an issue of why the leave is requested, whether it is for a serious medical condition or to care for eligible covered dependents.

Also, if the employee tells the employer that he or she is not returning, the employer does not have to provide FMLA coverage.

Also, there are special rules for teachers, caregivers of service members, and "key" employees.

It is impossible to know for sure which is the case with you. I suggest you write a letter to the employer asking for a written reason for the refusal. That should have been given in the initial denial anyway.


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