I was fired last Tuesday for excessive absenteeism. The next day I became violently ill with a condition that would have been covered under FMLA, but I was unaware of the diagnosis until I went to the ER. I am not saying my employer did anything wrong, bu

I had missed several days recently for not feeling well, but didn't know why. The very day I got fired, I got violently ill and was admitted to the ER the following day, with a potentially life-threatening condition which would qualify for FMLA. The recent absences were directly related, but as I was undiagnosed, I thought I just didn't feel well. So can I somehow send in FMLA paperwork showing that recent absences were due to emergency condition which was diagnosed the day after firing?

1 answer  |  asked Jun 11, 2018 6:22 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Hello. Unfortunately, post-termination FMLA notice is not going to create an obligation on the employer's part to reinstate your employment, so this would not be effective in achieving this goal.

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  Jun 12, 2018 12:09 PM [EST]

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