Legal Question in Medical Leave in Oregon
Fired for attendance/child has chronic illness
In March of 05 I requested FMLA due to my child's surgery for her chronic illness. I was fired on 01/03/07 for missing 15 days of work throughout the year due to my daughters illness. Is my FMLA still in place? Or do I have to keep requesting it every year? The company knew that the lack of attendance was for her illness. I was granted unemployment that states I was discharged for excessive absences and that the majority of my absences were caused by my daughters illness. I feel violated and wonder if they are in the wrong or right? What should I do to protect myself?
1 Answer from Attorneys
Re: Fired for attendance/child has chronic illness
If you are otherwise qualified for FMLA, and the employer is subject to FMLA, which from your description it appears both are, then your rights depend on whether you gave the employer sufficient notice that your absences were in fact related to your daughter's illness. If you did, and they disregarded that notice, held the absenses against you, and fired you for at least some of those absences, then the employer has "interfered" in your FMLA rights.
As in most employment issues, the analysis sometimes is not simple. You would seek the advise of an experienced employment lawyer. You have the right to proceed directly in court or to make use of the Oregon Bureau of Labor's complaint procedure, both of which a lawyer can assist with. But, do not delay. Your rights may be lost forever if you don't act promptly.
The above is general commentary and not specific legal advice. Consult the advise of a lawyer who has all the facts and circumstances. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
