Butler, PA asked in Employment Law and Employment Discrimination for Pennsylvania

Q: Can my employer terminate me for additional leave after my FMLA has expired?

I broke my foot while on vacation last October and needed surgery to repair this. At that point my FMLA started. Since then I have had complications and required 3 additional surgeries to repair my foot. My FMLA expired December 31st and I requested additional leave. I provided notes from my doctor outlining the need for additional leave and the work restrictions I have. Due to being on IV antibiotics for 6 weeks and having an open wound on my foot, my doctor would not release me to return to the office setting however did release me to work from home. I received a call today from my employer stating that they could not accommodate this and therefore it would be considered a voluntary resignation. I know they have made this accommodation for other employees at my level. Can they do this and is there anything I can do to stop from losing my job?

2 Lawyer Answers

Andrew S. Abramson

PREMIUM
Answered
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in Pennsylvania

A: It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you consult with an experienced employment law attorney as soon as possible. Experienced employment law attorneys are listed on this website. Unfortunately, the Avvo rules do not permit us to contact you first; you must first directly contact us.

Andrew S. Abramson

PREMIUM
Answered
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in Pennsylvania

A: It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you consult with an experienced employment law attorney as soon as possible.

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