FMLA and termination

James W. on July 17, 2016

Career Management

I told my employer that I needed to get a medical procedure and would be taking short term disability and FMLA concurrently. I gave them 8 weeks notice. I did not reveal the procedure nor that it was cancer related. About three weeks later they said they were terminating my work at home agreement and I needed to start working from their headquarters in another state in a job with less responsibilities but same pay. If I refuse to move, they will terminate me and my last day would be in mid September. Mid September would be before the end of my 12weeks of FMLA. Shouldn't my job be protected for the entire 12 weeks and should I tell them about my cancer diagnosis and ask for accommodation to continue my work from home arrangement?

1 Comment

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Sarah Goodell

Jul 18, 2016

Cancer and Careers Staff Comment:

Hi James,

Thanks for writing to us. I'm sorry to hear about what you've been going through with your job. Unfortunately we don't have a cancer rights attorney on staff and your question is legal, so I'll point you in the direction of some information and resources that should be able to get you answers.

- Read through the section on legal questions on our site for information on FMLA: http://www.cancerandcareers.org/en/at-work/legal-and-financial/top-three-legal-questions
- More on the FMLA can be found here: https://www.dol.gov/whd/fmla/
- Reach out to the National Cancer Legal Services Network, they should be able to connect you with a free legal service in your area to help answer your questions: http://www.nclsn.org/
- Information on reasonable accommodations can be found here: http://www.cancerandcareers.org/en/at-work/legal-and-financial/cancer-and-the-ada-fmla
- More resources for finding legal assistance: http://www.cancerandcareers.org/en/at-work/legal-and-financial/finding-legal-assistance

I hope that this is helpful, please let us know if you have questions about any of these resources.

Best,
Sarah, Manager of Programs, Cancer and Careers

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