FMLA Termination, Post Major Shooting

My question involves labor and employment law for the state of: Va

My wife works at a Virginia Tech. She witnessed from her office window the shooting of April 16th where 30 people were massacred (30 yards away). During her employment with Tech, She has a stellar work performance. She has no negative marks on her employment record. She has had "exceeds expectations" on all performance evaluations. Has has 3 merit pay increases since the shooting, her last performance increase was 6 weeks ago (12%) And has been suffering majorly from PTSD ever since. She has missed time due to PTSD that has been fully covered under FMLA. Today she was notified that her position will be eliminated because of the time she has missed. Is this legal? her position is a fairly high position, and she has had two new employees hired under her since the shooting. .

How much time in the last 12 months has she missed in weeks?

8 weeks. She was notified that her job would end after FMLA ran out at the end of sept. She was not told that she would get a severance package, although they may offer her one. I don't understand how or why they would do that with all of the trauma that everyone has been exposed to? The reason given was that her position required a full-time (2080 hours) employee, and that her time off was too much for her position regardless of her FMLA status. can that be right?

FMLA provides 12 weeks of job protected leave. After that time, her job is no longer protected & she can be terminated.

She cannot be fired BECAUSE of the time she took under FMLA.

But once her FMLA expires, she can be fired for any time taken subsequently. I am not unsympathetic to her situation in the least, and I am sure the employer is not either. But they have a business to run, the shooting took place four years ago, and life has to move on.

she was told that the time she took for FMLA (which was approved) was the reason. Her job required it to have someone in it 40 hours a week. She as been taking intermittent leave, and it is causing a disruption to her work. She has a Dr note with PTSD diagnosed. She has absolutely no blemishes on her record what so ever. Witnessing the worst massacre in US history would tend to do bad things to most normal people.

When i search FMLA i always get this statement. "An employer may not take any adverse action against an employee for the taking FMLA leave; however, any personnel action/decision that would have happened if the employee had continued in a work status may happen while the employee is on FMLA leave."

She has never been told in writing or otherwise, that anything she has done would be an issue. Remember, it's a state institute.

She has not come close to exceeding her 12 weeks.

I take it, everyone thinks I leave it alone?

This was, ironically, in today's paper.
http://www.roanoke.com/news/roanoke/wb/295650

No one is questioning the terrible time she went through.

However, a doctor's note is not a get out of jail free card. If she is fired BECAUSE of her FMLA absences when she still has FMLA time available, there is action SHE (not you) can take. But if she is terminated for absences on week 13, day 1, that is legal.

Quote:

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Quoting ruffins

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The reason given was that her position required a full-time (2080 hours) employee, and that her time off was too much for her position regardless of her FMLA status. can that be right?

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What proof do you have regarding this statement?

Thanks for the advice!