Requested medical LOA and might get fired

New HNSC00
Aug 13 16 Comments

I'm an EA to the CEO of my company and have been having persistent health issues resulting in sick days. Long story short I've discovered a serious disease and when I spoke with my boss it seemed like my job was on the line because of having to take time off to deal with this. If I keep pushing without treatment I will end up in a really bad way. Otherwise, I am a high performer. I'm in an at will state--any advice?

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TOP 16 Comments
  • F5 Networks bhai-log
    Talk to an attorney. They can’t fire you due to sickness but many CXOs are plain a**holes.

    Worked with many closely and most are bullies
    Aug 13 2
    • New HNSC00
      OP
      Agreed I've seen it happen before. This is completely against all of their core values that they hold everyone to. I've seen him fire people just for assuming that they're going to put in a two weeks.
      Aug 13
    • F5 Networks bhai-log
      But don’t lose courage. Talk to an attorney- medical leave is protected but can’t protect you after that. You may be able to negotiate a package.
      Aug 14
  • New WorkHRD
    File for FMLA as soon as possible (for the job protection), and depending on your state you’d be eligible for short term disability and/or paid family and medical leave. They’re required to show effort of reasonable accommodation if you’re medically fit to return for some work.
    Aug 13 0
  • Palo Alto Networks hVjQ83
    If you are taking FMLA you will have to given equivalent or same position upon return
    Aug 13 0
  • Juniper scandeep
    Wow... I would consult with a lawyer specializing in workplace issues.
    Aug 13 0
  • Indeed DqSF08
    There has to be laws protecting you.
    Aug 13 0
  • Start looking for jobs!
    Aug 13 0
  • Express Scripts esrxstar
    They cannot fire you because of your sickness. Can you take a sabbatical leave to get your treatment done?
    Aug 13 1
    • New HNSC00
      OP
      That's the conversation that I had. They pushed for time lines as of my return and I don't have those yet. They were clearly frustrated and said that we needed to have a talk upon my return. Mentioned current business pressures and needing an EA that they can rely on.
      Aug 13
  • Procore trumpnevr
    How many people work at your company? If your company is small enough might not have to follow FMLA.
    Aug 13 0
  • Indeed htrwsdy
    Why did you tag Indeed?
    Aug 13 1
    • New HNSC00
      OP
      Because I know some people there and it seems like they have honorable hr practices. I work at a company in the same industry.
      Aug 13
  • New OKdw54
    In order to qualify for an approved FMLA you have to meet certain criteria. 1) worked with the company for 12 months 2) worked 1250 hours during those 12 months and 3) the company must employ at least 50 or more employees within 75miles of that location.
    Sep 20 0
  • New IUvk25
    I don’t know much about FMLA, but if your issues are affecting your ability to work and are expected to last at least a year or more, request the time off as a “reasonable accommodation” under the ADA because of disability.

    You will probably have to show documentation from your doctors with your diagnosis and “functional limitations” (absolutely key to this process), but the threat of a disability discrimination lawsuit may put them off.

    This assumes, of course, that you will actually be able to return to work and perform the primary responsibilities of your job with or without some accommodations in the future. Not that you couldn’t (obviously) still sue them for discrimination if they do can you.

    I believe their firing rights do depend at least to some extent on basically how essential it is to have a warm body fulfilling the role no matter what, and the effect on others and the entire enterprise and its mission if no one is doing the job for however long that would severely negatively impact them. As an experienced EA myself, I know how central that role actually usually is.
    Aug 15 0
  • Nintendo hvccvb
    Fmla exists for a reason (assuming us based)
    Aug 13 0

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