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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Terminated after FMLA Benefits were Exhausted

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

    I have worked for a transportation company for 3 years.
    i was diagnosed with breast cancer 2 years ago.
    i was approved for fmla 2 years ago
    i i was approved again for fmla beginning in july 2008, but i hadn't worked enough hours in 2007 for it to count for this year been on and off the job with this health issues

    i was fired on 8/19/08 for calling in sick 12 minutes before my shift started


    i am disabled and one of the issues i've had is handicapped accessible parking
    i asked the employer to allow me to park at our site, but they say there is no parking at our building - i do have a handicap parking decal

    i worked third shift - 1030p to 630a
    there are parking spots in the back of building for daycare which starts at 630 am - i am not able to walk long distances and advised my former employer of that and my doctor requested handicap parking to limit walking

    the company's facility is not handicap friendly
    parking, doors, bathrooms

    i am represented by a labor union and they haven't communicated anything to me.

    i have filed a sworn statement to EEOC about the company not making accomodations for disabled persons.

    do i have a leg to stand on?

    any chance of me getting job back

    any chance of making them make the building handicap accessible

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Terminated after FMLA Benefits were Exhausted

    Your termination and the accessibility issues are two separate things.

    As near as I can tell, your former employer did not do anything illegal by terminating you.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated after FMLA Benefits were Exhausted

    Your employer can terminate you for your absences/calling in sick if your job protected FMLA leave has expired.

    It seems you have already gotten your union & the EEOC involved in your disability issues.

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