Legal Question in Employment Law in Georgia

fired under doctors care

I went for a doctors appointment and he put me on two wks leave. Back for a check up no improvement two more weeks leave. Used sick time and vacation time because they stated I had not been there a year and was not eligable.Had all leave notices from Dr.he sent me to neurosurgeon and ask if I could go back to work for a week before surgery. Turned not into supervisor she advised I was fired, because sick time and vacation time was used. And I would not be eligable until June 2004 for family leave act. Dr. stated I had to have surgery for 10 days and would be out six more weeks. Can they fire me for this, under doctors care?


Asked on 4/20/04, 8:28 pm

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

Re: fired under doctors care

The FMLA entitles eligible employees to 12 wks unpaid leave. You cannot be fired for invoking your rights pursuant to FMLA. Also, you are entitled to job restoration upon the conclusion of your FMLA leave. However, you must have worked for your employer for at least 12 months to be eligible for FMLA. If you do not qualify for FMLA, you probably do not have the right to job restoration. You would then fall under the company's vacation/sick leave policies. If you have exhausted all of your leave and are not eligible for FMLA, your employer probably had the right to terminate you.

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Answered on 4/21/04, 5:50 pm


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