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bnygrenmoe

FMLA and Position Elimination

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Is a person who is otherwise 'qualified' for FMLA still eligible for FMLA if they have already been given position elimination paperwork? 

 

For example: I was told Jan 26th that my position was being eliminated and my last day would be Feb 26.  In order to get the severance package I would have to work to my best ability until Feb 26.  On Feb 19 I find out I have to have surgery the following Friday, my last day of work. Am I covered under FMLA?  If I apply for a FMLA does the company have to approve under FMLA and for salary continuation (Short Term Disability) if applicable?  Treating me the same as an employee who has not been position eliminated?

 

Thank you!

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FMLA also does not have to be granted if the employer knows you are not going to return. They do not have to treat you as an employee whose position has not been eliminated, they must treat you as an employee whose position has been eliminated and has not requested FMLA. If everyone else must work until a set date to get some benefit, so must you. FMLA is what must be taken out of the equation, not the business practice.


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