Mckinney, TX asked in Employment Discrimination and Health Care Law for Texas

Q: Can you tell me if I have a dog in this fight?

If I am ineligible for FLMA with my employer but suffer from recurring ovarian cysts that debilitate me, can I legally be fired for my condition? If I have submitted documentation stating that it is indeed RECURRING, should I be allowed to be told it's mandatory to turn in Dr. notes every time?

1 Lawyer Answer
Sadiqa Banks
Sadiqa Banks
  • Employment Law Lawyer
  • Houston, TX

A: First, what makes you think that you are ineligible for FMLA? Have you confirmed such with your employer? Does your employer offer FMLA and considered your request properly? Second, if your health issue creates some sort of "disability," so as the condition causes you to seek treatment and it can impact your position with your employer, you may be entitled to a "reasonable accommodation" under the Americans with Disabilities Act. That can afford you some protections as to your relationship with your employer.

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