Legal Question in Medical Leave in Texas

FMLA along with post pardum

I took FMLA for 12 weeks because i was pregnant and swelling so bad that my doctor told me to stay at home. I started FMLA on 7/1/02, my child was born on 7/22/02. My FMLA ended on 8/12/02 but I was only 3 weeks post pardum. My doctor released me to go back to work because i recieved a certified letter informing me if I did not return to work on 8/12/02 i would not have a job. I got the note from the doctor and took it to work on 8/12/02. The HR dept. did not like the wording of the letter and asked me to leave to get more paper work filled out by my doctor. I took the forms back to work after they were filled out, and my work told me to go home until i hear from them. Later that eve. the HR depart. called my home and told me i was no longer employeed. The FMLA paper work the doctor filled out on 6/13/02 stated i would be on leave from 7/1/02 until six weeks post pardum. The HR dept. signed and filed that paper before i left on my FMLA. Is there a wrongful termination case even though my FMLA has expired but i was still under the doctors care for post pardum???


Asked on 8/13/02, 7:25 am

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: FMLA along with post pardum

Ordinarily under the FMLA, your employer is to keep your position open until you return from leave. The reason given for your termination is important to know as it relates to a potential claim.

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Answered on 8/15/02, 11:52 am


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