HR Fires Employee While on Medical Leave: 'the company's needs have changed during your absence'

Author image for Ben Weiss
Ben Weiss • Writer and Editor
Jan 6, 2024 2:00 PM EST

Can anyone else smell a lawsuit coming? Imagine going on medical leave because of a series of upcoming scheduled surgeries. It's not like you're just on an endless vacation; you will be in recovery during this time. It will not be fun; it will be strenuous. It's not that you want to take a break; it's that you have to take a break. You simply cannot work in the way that you normally do. 

Now, imagine that your workplace is completely receptive to this need and is allegedly supportive of your challenging recovery. Then, imagine that after you reveal your upcoming return to work date, they walk back on their promise and deliver a completely unexpected low blow. That low blow is a botched attempt to fire you or keep you on in a limited, part-time capacity but framing it in a way that makes it seem like they're somehow being accommodating. 

This is what happened to u/Danceswithdogs96, who shared the sudden email they received from HR on Reddit. Keep scrolling below to take a look at the email in full and for the feedback in the comments section as OP prepares to fight back. For more content like this, check out this story about a worker who was fired after they were scheduled outside of their known availability.

Advertisement
  • 01
    3:00 M, Jan 3 . .|| 81%1 (No subject) Hey, So glad to hear that you are on the mend. I understand that you are eager to return to work after your medical leave, and I appreciate your dedication and commitment. However, I regret to inform you that the company's needs have changed during your absence.
    via u/Danceswithdogs96
  • 02
    We are currently re-evaluating our requirements, and it appears that we no longer have a position available in the office. However, there is a possibility of some mobile work that you could do from home, if you are interested. This would allow you to continue contributing to the company while accommodating your needs.
    via u/Danceswithdogs96
  • 03
    I understand that this may not be the outcome you were hoping for, but please know that we value your skills and would like to explore alternative options that align with our current needs. I would be happy to discuss this further with you and explore any potential opportunities. Thank you for your understanding, and I look forward to hearing from you.
    via u/Danceswithdogs96
  • 04
    I've been out on medical leave for a WHILE. I have had a total of 5 surgeries/procedures done in the last 3 months. Texted my boss to let them know what day I'd be back, and this is the response. I know they're only offering the remote work to avoid being sued since I am protected under FMLA.
    via u/Danceswithdogs96
  • 05
    PublicRule3659 - 16 hr. ago This is a very HR response. Tread lightly. "As long as you are able to return to work before you exhaust your FMLA leave, you must be returned to the same job (or one nearly identical to it). This job protection is intended to reduce the stress that you may otherwise feel if forced to choose between work and family during a serious medical situation."
    via u/Danceswithdogs96
  • 06
    Danceswithdogs96 OP. 16 hr. ago. edited 16 hr. ago I was approved for FMLA through January 20th, and I told the owner I'd be returning to work on January 16th. ETA: there is no HR at this company, if that matters. I am assuming he had his lawyer help write a response. 1.2k Reply Share
    via u/Danceswithdogs96
  • 07
    PublicRule3659. 16 hr. ago edited 9 min. ago So reading a little deeper into FMLA it look like you have a choice on if you want to return to what you had been doing or if you're willing to take this new position. Either way you should still be paid the same.
    via u/Danceswithdogs96
  • 08
    "On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.
    via u/Danceswithdogs96
  • 09
    An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence." https://webapps.d ol.gov/elaws/whd/ fmla/9e1.aspx NAL 1.1k Reply Share
    via u/Danceswithdogs96
  • 10
    Danceswithdogs9 6 OP 12 hr. ago Honestly might just copy and paste this as my response to him. If they're keeping someone else in my position, they definitely don't have the hours to give me. I bet they're hoping that I decline their offer. 652 Reply
    via u/Danceswithdogs96
  • 11
    dessertsreversed 16 hr. ago This is why healthcare shouldn't be tied to employment. So sorry you're going through this while recovering. 1.4k Reply Share
    via u/Danceswithdogs96
  • 12
    Inner Seesaw_5756 16 hr. ago HIP I would ask more questions about the "remote work" and if you're going to continue to be paid the same rate and have the same hours. Keep it in writing. I'd also start looking for a lawyer 307 Reply Share
    via u/Danceswithdogs96
  • 13
    HeadCharge333 · 15 hr. ago but just a This heads up to make sure that you were on an actual FMLA leave and not just a general leave. Sadly there are plenty of reasons that companies do not have to offer, such as private employers that have 50 or less employees (which sounds like may be the case since I read your company doesn't have HR). The same return to work protections don't apply if it wasn't actually FMLA. You should have a letter stating you were approved for FMLA if it actually was FMLA.
    via u/Danceswithdogs96
  • 14
    Danceswithdogs96 OP. 14 hr. ago It is actual FMLA. The company does have over 50 employees, but only a few work in the office. The rest work outside of the office.
    via u/Danceswithdogs96
  • 15
    Swarrlly 16 hr. ago This is illegal to fire you while on leave. Talk to a labor lawyer.
    via u/Danceswithdogs96
  • 16
    Feral Tribble 16 hr. ago So genuine question. Is there a benefit to in person work vs remote? It sounds like they're in a bind and trying to accommodate.
    via u/Danceswithdogs96
  • 17
    Danceswithdogs96 OP. 16 hr. ago I have a full office in my home, so no. I do know that they are NOT in a bind, though. It is a small office and I know the work load. They had a friend of the owner's wife filling in while I was out. I'm assuming they've decided to keep her.
    via u/Danceswithdogs96

Want More? Follow Us and Add Us as a Preferred Source on Google.

Tags

workplace-stories work stories toxic-workplace job work medical Horrible Bosses reddit thread Reddit company toxic-work-environment
Scroll Down For The Next Article