Legal Question in Medical Leave in Florida

FMLA is ending and still unable to work

My friend has ALS and was put on FMLA by her workplace. She probably could still work if they made reasonable accomodations but realizes that her health is better off if she does not try to keep working there. Is there anything she should do in order to ensure that she will be able to use COBRA benefits (besides paying for them and signing up right away)? When she goes back to her job is it her resigning or them terminating her?? She just wants to make sure that she doesn't make any mistakes. Thanks,

Pam


Asked on 11/09/07, 11:36 pm

1 Answer from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: FMLA is ending and still unable to work

If FMLA is ending, the employer has the right to terminate her if she doesn't return to the position. If she needs a resonable accomodation, she should ask for it and see what happens. If they take any adverse employment action against her then the additional facts would show if there is a claim or not. If you would like to discuss, please call my office.

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Answered on 11/11/07, 8:59 am


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