Legal Question in Medical Leave in Massachusetts

I live in MA. I have applied for and been granted intermittent FMLA with my employer. All the proper paperwork has been filed and signed by my employer.

While on FMLA I was terminated. My employer called me in the office and gave me a letter stating in January 2011, I was given warning for absence/tardiness stating that the next infraction would result in disciplinary action which can lead up to termination. There has been no improvement in my attendance/tardiness since so I am being terminated. No other explanation or specific dates have been given�Just the broad statement that there has been no improvement.

Since receiving that notice, I was late 1 time in which I was involved in a motor vehicle accident on the way to work. I submitted a copy of the police accident report to my employer which specifically stated the date, time and location of my accident. I was told at that time, not to worry about it. Other than that date, have not been late or absent for any other reason other than the agreed intermittent FMLA which is still in effect until April 2011. Can they terminate me?


Asked on 2/16/11, 6:38 am

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

How many times were you absent or tardy? Were your abscenses and lateness due to your being out on intermittent FMLA leave. I can't really give you an opinion based on what you wrote but would be happy to speak to you about it. Feel free to call at 617-426-7400.

Read more
Answered on 2/16/11, 6:44 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Massachusetts