Can I Be Fired While on FMLA for a Disability in Arizona?

Question from Mary, Can I Be Fired While on FMLA for a Disability in Arizona?

Answer from AI:

If you were fired while on Family and Medical Leave Act (FMLA) leave for a disability in Arizona, you might have legal protections under both federal and state laws. Understanding your rights and the legal framework is crucial.

Understanding FMLA Protections

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including a serious health condition that makes the employee unable to perform their job.

Eligibility for FMLA

To be eligible for FMLA leave, you must:

• Work for a covered employer (private-sector employers with 50 or more employees, public agencies, and public/private elementary and secondary schools).
• Have worked for the employer for at least 12 months.
• Have worked at least 1,250 hours during the 12 months prior to the start of the leave.
• Work at a location where the employer has 50 or more employees within 75 miles.

Job Protection Under FMLA

FMLA provides job protection, meaning that upon return from FMLA leave, you must be restored to your original job or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

Disability Protections Under ADA

The Americans with Disabilities Act (ADA) is another federal law that protects employees with disabilities. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship.

ADA and Employment Termination

Under the ADA, it is illegal for an employer to discriminate against an employee because of their disability. This includes firing an employee because they are on leave for a disability-related reason.

Arizona State Laws

In addition to federal laws, Arizona has its own laws that may provide additional protections. For example, the Arizona Civil Rights Act prohibits employment discrimination based on disability.

Steps to Take If You Were Fired

If you believe you were wrongfully terminated while on FMLA leave for a disability, consider the following steps:

1. Document Everything: Keep detailed records of your leave, communications with your employer, and any documentation related to your termination.
2. Review Employer Policies: Check your employer’s FMLA and disability accommodation policies to ensure they were followed.
3. File a Complaint: You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division for FMLA violations or with the Equal Employment Opportunity Commission (EEOC) for ADA violations.
4. Consult a Legal Professional: Given the complexity of employment law, it is advisable to consult with an employment attorney who can provide personalized legal advice based on your specific situation.

Resources

For more information, you can visit:

• U.S. Department of Labor – FMLA
• EEOC – Disability Discrimination

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. If you have specific concerns or need detailed guidance, it is essential to consult with a qualified attorney.