More details to this question:
I have seizures and anziety and also depression. I missed a couple days of work last week due to being sick. When they found out my conditions they told me this is not going to work. I begged them not to let me go. I have a family to provide for. They still said no. Do I have a case.
1 ANSWER
4 Awards
If you have been working for the company for at least 12 months as a full time employee, and the company employs at least 50 people, then you have the right to take FMLA leave for up to 12 weeks.
If you do not meet the requirements for FMLA leave, then it is possible that you are still covered by the Americans with Disabilities Act (ADA). The employer cannot terminate you just because you have a disability. BUT, you still need to be able to perform the essential functions of your job. Being available to work is normally an essential function of your job. This does NOT mean, however, that you have to have perfect attendance. The employer may be required to accommodate you if you only miss a 2-3 days every few months, but not if you are missing 2-3 days each week or each pay period.
You should speak to any attorney in your area who can explore the details in your case and can advise you whether you are protected by either the ADA or FMLA
Answered on Mar 01st, 2013 at 3:20 PM