Legal Question in Employment Law in Washington

Re: Fired for being on medical leave

They cannot do that to you.

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Rob Kornfeld

Re: Fired for being on medical leave

The Federal Medical Leave Act provides for 12 weeks of leave. If you left work on June 1, your 12 weeks could have expired on August 24, 2001. Therefore, if you were unable to return to work until September 1,2001, your medical leave could have expired. It does appeal, however, that you were not informed that if you did not return you would be fired. Your rights are subject to strict compliance by the employer on a variety of procedural requirements. You should seek the assistance of an attorney promptly to evaluate the facts and circumstances of your case.

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Re: Fired for being on medical leave

Your prior employer may have violated the Family Medical Leave Act (FMLA), state and federal laws prohibiting discrimination based on a disability, and, depending on your employee handbook and employer policies, contractual rights to specific treatment.

I. FMLA

The FMLA provides that employers with 50 or more employees must provide eligible employees with 12 work weeks of leave time if one or more of the four qualifying events occurs: (1) the birth of a child, (2) the placement of a child with the employee for adoption or foster care (3) the serious health condition of a "family member" or (4) the serious health condition of the employee. To be a "qualified employee" you must have been employed for at least 12 months and you must have worked for the employer for at least 1,250 hours during the 12 month period.

Eligible employees on FMLA leave are entitled to reinstatement upon return from leave and are entitled to be free from discrimination on the basis of FMLA leave usage. You prior employer may have discriminated against you for usage of FMLA leave. If this can be proven, the remedies available include backpay and lost benefits, reinstatement or front pay (future wages until retirement discounted to the present value), liquidated damages (all lost wages and benefits x 2) if the employer's conduct was intentional, and costs and reasonable attorney's fees.

II. Disability Discrimination

The Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD) are laws that prohibit discrimination in employment on the basis of a known or perceived disability.

The ADA applies to employers with 15 or more employees, the WLAD applies to employers with 8 or more employees. Under the ADA/WLAD if your prior empoyer terminated you because of your heart condition or the perception of a medical disability (because it might require more time off for treatment or might increase group health care premiums, etc.), then your employer may have violated the ADA/WLAD. Your remedies would include backpay and benefits, reinstatement or front pay, punitive damages under the ADA (not available under the WLAD) and reasonable attorney fees and costs.

III. Contractual Claims

Finally, you may have a contractual claim against your prior employer depending on the language in the policies/handbook. If the policy/handbook promised specific treatment in specific situations, such promises may be enforceable as a matter of contract law. Your employer's failure to abide by the specific promise in your situation would constitute breach of the agreement and you would have traditional contract remedies available to you -- lost wages and benefits.