Legal Question in Medical Leave in Georgia

Termination During Medical Leave

I was employed a company for 3 years. I recently missed 3 days of work due to illness later determined by my doctor to be mild to severe depression & stress, mostly work related. I was advised by my doctor to take medical leave until the situation was under control by medication. When I called to discuss my doctors advised with my employer they stated that they would like me to resign from my position with only my upcoming pay check. I am confused as to if this is legal or not according to the FMLA. I have not yet completed the resignation letter as I am not quite sure how to handle this legally. Should I suggest more of a severance package or take legal action against the employer?


Asked on 4/27/05, 7:47 pm

1 Answer from Attorneys
Patricia Chandler Law Offices of Patricia A. Chandler

Re: Termination During Medical Leave

You may have a case, but it is hard to tell from your fact pattern. How many employees does your company employ? Also, do you work full-time or part-time? The FMLA requires that you work at least 1,250 hours in the 12 month period prior to your request for leave. I would also be curious to know further details of your conversation with your employer regarding your doctor's advice. Does your company have a written FMLA policy and/or did they request any medical certification from you. Feel free to call me if you would like to discuss this further.

Patricia A. Chandler

404-876-1999

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Answered on 4/27/05, 10:27 pm


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