Legal Question in Medical Leave in Florida

Laid off after filing for FMLA

My wife was diagnosed with terminal cancer at which time I notified my employer. Both my supervisor and my director told me to take as much time off as I needed. I took about 4 weeks off from work to care for my wife. Once she was stabilized, I returned to work. I heard about FDLA and that I was eligible for up to 12 weeks annual leave from the onset of my wife's illness. I planned to take intermittent leave so I could be home with her on days she needed me. I notified my employer of my intent to take this leave on a standard leave form and had it signed by my supervisor. Several days later, my position was eliminated and I was laid off (I was not the only one laid off). The administrator who terminated me said that the decision to lay me off was made prior to my request for FMLA. ////// Can they legally terminate my employment under these circumstances? What legal recourse if any do I have? Thank you for your help.


Asked on 3/04/00, 7:37 pm

1 Answer from Attorneys
Kelly Henderson

Re: Laid off after filing for FMLA

You have taken the steps any employee should take in requesting FMLA leave. You gave timely notice and provided your employer with an explaination of the medical condition that requires you to take leave. Under these circumstances, your employer, assuming the company has enough employees and you have been employed long enough, should have granted your request for FMLA leave.

Now the employer has eliminated your position. If your position has truly been cut and will never be filled again and if that decision was taken independently of your FMLA request, there is no violation of the law. If however, these actions by your employer were an effort to evade law and taken to deny you FMLA leave, you have a rather strong case. You may want to take with an attorney.

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Answered on 3/20/00, 3:06 pm


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