hugg724

FMLA is not as clear cut as one would think. Here are some key points.

The FMLA entitles eligible employees of covered employers to take up to 12 work weeks of unpaid, job-protected leave each year—with continued group health insurance coverage during the leave—for specified family and medical reasons.

Under the FMLA, the term “work week” is the employee’s usual or normal schedule (hours/days per week) prior to the start of FMLA leave, and is the controlling factor for determining how much leave an employee is entitled to use when taking FMLA leave intermittently or on a reduced work week schedule for a serious health condition. If overtime hours are on an “as needed basis” and are not part of the employee’s usual or normal workweek, or is voluntary, such hours would neither be counted to calculate the amount of the employee’s FMLA leave entitlement nor charged to the employee’s FMLA leave entitlement.

Ironically, it may or may not be FMLA that protects you. It could be the american disabilities act that protects you. Most people don't realize the ADA isn't just for those who are blind, hearing impaired, wheelchair impaired etc.

Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

Minor nonchronic conditions such as a broken bone, flu, etc isn't covered under the ADA but if you have a chronic diagnosis (and it sounds like you do), that limits what you are able to do, then it may fall under the ADA. You can read more about it here: [url]http://www.jan.wvu.edu/links/ADAq&a.html[/url]

Keeping all this in mind, you do live in TN. TN is a right to work state where anyone can be fired, suspended, laid off etc for no reason. It is just too much of a legal risk to fire someone who has a medical condition. A company should try to work with an employee who has a physician statement limiting what they are physically able to do because the legal risk of that employee being hurt just isn't worth it to a company.

I hope something in here can help or direct you in the right direction to make some phone calls to see what rights you have as an employee!!

Have a great day!