QUESTION
What are my options if I have run out of my FMLA at work? How?
Asked on Jul 06th, 2015 on Labor and Employment - Wisconsin
More details to this question:
I have worked at the same company for about seven years. We have no sick leave we have seven days a year we can be gone on the 8th day you are fired. I had tarsal tunnel surgery done on both of my feet. Then I had to have bone taken out of my right foot. I have used all of my FMLA and they are threatening to fire me if I do not come back right away. I did not run my tarsal tunnel Thursday on workmans comp. I did not realize that is what had caused it. What are my legal rights?
13 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Workers Comp has become very detailed and specialised. I strongly suggest you consult a Workers Comp lawyer in your area. Many will giv you a fee initial consultation. You can find such a lawyer online (such as on Avvo.com, and others), or through the Yellow Pages, or by calling the state bar lawyer referral and information service.
Answered on Jul 10th, 2015 at 7:07 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Your foot condition would be considered a disability under the Americans With Disabilities Act and the California Fair Employment and Housing Act. Your employer may be required to let you have time off as a reasonable accommodation for that disability. You should talk to a local attorney who specializes in disability discrimination cases.
Answered on Jul 09th, 2015 at 12:52 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't know what it means to "run [your] tarsal tunnel Thursday". I also have not heard of the FMLA being used in this way. It seems that you are now trying to relate your foot condition to some sort of condition or accident at work. File a comp claim. When it gets rejected, take an appeal.
Answered on Jul 07th, 2015 at 7:48 AM
How do you now know that it was a work injury? ?It usually is an compression type injury so unless the pain developed at work and/or you do a lot of activity requiring use of your feet, it may be very difficult to connect the problem to your work, except perhaps as an aggravation of a pre-existing problem. If it was, and the employer accepts it as such, you can not be fired as that is illegal discrimination against an industrial injury. discuss this with the WC carrier and your employer if necessary.
Answered on Jul 07th, 2015 at 2:17 AM
1) Talk to a workers comp attorney immediately - before you do anything. 2) Other than the workers comp issue, the employer may discharge you for too many absences, regardless of the reason. You likely will be eligible for unemployment comp, but there is nothing that can be legally done to prevent the employer from discharging you.
Answered on Jul 07th, 2015 at 2:14 AM
The truth is that an employer does not have to keep an employee who does not come to work. If you have a Union, it is good time to speak with your union rep, and/or meet with an attorney.
Answered on Jul 07th, 2015 at 2:12 AM
Ronald A. Steinberg
Ask your doctor if it is work related. If so, file a workers comp case. If not, then talk to a lawyer who specializes in ADA claims and wrongful discharge claims.
Answered on Jul 07th, 2015 at 2:11 AM
James Eugene Hasser
Outside of any contractual rights you may have, there is not a lot you can do. Alabama is a hire and fire at will state, meaning the employer can hire and fire you for any or no reason. They just can't violate federal civil rights laws, though. If you have a permanent disability, there is a possibility that they would be violating the ADA (Americans with Disabilities Act). Consider calling the Civil Rights Commission and lodging a complaint. It must be done within 180 days of the discriminatory act.
Answered on Jul 07th, 2015 at 2:00 AM
Edwin K. Niles
Please see a workers comp lawyer; your question is too complex for this forum.
Answered on Jul 06th, 2015 at 7:01 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you are still within a year of stopping work, consider filing a Montana occupational disease claim if your doctor believes your work activity causes or aggravated your body. You need to specifically list why your job hurt you when you fill out a claim. Prolonged standing, walking, or overtime? The FMLA is no more effective than a good relationship with the employer. If you recover and can do the job, why wouldn't your employer want you back?
Answered on Jul 06th, 2015 at 5:15 PM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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If you have truly exhausted your FMLA leave time, the only other potential option is to request additional leave time as an accommodation under the Americans with Disabilities Act ("ADA"). However, your condition would need to satisfy the definition of a "disability" under the ADA for this to be a potential option, and other conditions would need to be satisfied as well. Under some circumstances, leave time can be deemed a reasonable accommodation for a "disability" under the ADA. The request should be made to the employer in writing. However, this assumes that you actually have exhausted all of your FMLA leave time. Sometimes, it can appear as though you have exhausted all of your FMLA leave time, when in fact you have not. If you can e-mail me a copy of the employer's written FMLA policy, I can look into whether you can obtain additional leave time under the FMLA.
Answered on Jul 06th, 2015 at 5:10 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Did you ever consult with an attorney regarding your injury? There is a question about whether you provided notice to your employer about your injury from working. When was the medical treatment that you had for your injury?
Answered on Jul 06th, 2015 at 5:09 PM
If your injury is work-related then make a worker's compensation claim.
Answered on Jul 06th, 2015 at 4:52 PM