my fmla expired while being treated for breast cancer...my employer now wants me to resign as i still have an open wound that i pack daily and due to the nature of my work (nursing) , i cannot return until the wound is closed...what are my options?

i am getting better now and the wound is small ...i would guess in 3 weeks it should be closed but i cant say for sure...employer wants me to resign and reapply in 3 months...i know they will not hire me back due to my illness...otherwise they have threatened to terminate me

2 answers  |  asked Dec 1, 2015 06:42 AM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
Excellent advice from Mr. Schofield. I would recommend the same.

posted by Phyllis Towzey  |  Dec 1, 2015 08:13 AM [EST]
Arthur Schofield
These are difficult situations that require careful navigation. Yes, once the 12 weeks expires under the FMLA any leave from work is unprotected and you can be terminated with no legal recourse. However, if the need for additional time can be defined, say 2 or 3 weeks, then the disability laws possibly kick in and it is a matter of whether or not the additional leave is a reasonable accommodation to address your disability. I do not recommend attempting to navigate this without counsel. Best of luck.

posted by Arthur Schofield  |  Dec 1, 2015 06:47 AM [EST]

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