Fisher Taubenfeld LLP

Dismissal after taking protected leave may violate FMLA

All workers in New York and around the world need time away from work at some point. In some cases, employees may simply need a vacation, but for those with medical conditions, time off may be a necessity more than a luxury. In cases of serious or chronic conditions, parties may qualify for extended or periodic leave under the Family and Medical Leave Act without fear of losing their jobs. Unfortunately, FMLA violations are not uncommon.

It was recently reported that a man in another state has filed a legal claim against his former employers for this type of violation. Apparently, the man had a medical condition known as sleep apnea, and he had given his employers a statement from his doctor explaining his disability. The report did not indicate how the disability may have affected the man's work, but he requested time off under the FMLA.

The man had worked for the manufacturing company for approximately 16 years, and after informing his employers of his disability, he received disciplinary action and was informed that his performance needed improvement. After he took his FMLA leave, he was terminated from his position. It was unclear what reason the company gave for the termination, if any, but the man believes it was wrongful termination and a violation of his rights under the FMLA.

The FMLA provides much-needed time off for individuals who are struggling or have family members who are struggling with serious medical conditions. When employers do not abide by the laws relating to this leave, workers may have reason to take legal action. Any type of lawsuit can be complicated to proceed with, but New York residents in this type of situation could enlist the help of legal professionals. 

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