Legal Question in Employment Law in Florida

Re: Terminate after requesting Medical Leave

Probably not, but check a few things. First, is there any other division or location with other employees besides the one you work at? If so, there may actually be more than 50.

Assuming the FMLA does not apply, check the employee manual if there is one. Does it say anything about personal absences, leave without pay, or anything else that might apply to your situation? If so, perhaps there is a policy that allows extended leave such as yours. In that case, you might have a wrongful termination/breach of contract claim.

If the medical condition is serious enough, it could possibly come under the ADA. This does not necessarily help you since you have to be able to do your job with or without reasonable accommodation, but perhaps there was some accommodation that would have allowed you to work and attend to your medical issues at the same time. (A different schedule, work at home, etc.)

Last, do you know of any other employees who have been allowed long leaves for medical or other reasons and then returned to work? If so, perhaps you are being treated differently due to race, age, sex, religion or another protected characteristic.

If none of these apply, then your situation is unfortunate but the employer does not have to hold positions open for people who can not be at work. See if you would be welcome to reapply when you are able to return. Also, see if there is any compromise that can be reached. Could you work part-time during the leave? Or perhaps from home? If you have a reasonable alternative, it does not hurt to ask.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.