Legal Question in Employment Law in Texas

I am on unpaid leave of absence. I used all my FMLA days and my doctor still does not want me to return to work. A co-worker is sending emails (cc-ing me) that tell our superiors that I should not be allowed to return part-time and that my work ethic is not acceptable. Is this legal?


Asked on 5/26/10, 11:09 am

1 Answer from Attorneys
Joe Gilbreath The Gilbreath Law Firm, PLLC

Assuming the accounting is correct, FMLA leave ends when it ends. However, some employees before exhausting FMLA can avoid discharge and otherwise get accommodation for disabilities from their employer under the American's With Disabilities Act. You should get advice from qualified counsel to see if that works for you, as soon as possible.

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Answered on 5/26/10, 3:10 pm


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