This question came from one of our users:
I was fired during medical leave while I was still receiving chemotherapy treatment. It was 2 weeks to the day after FMLA ended. Do I have a case?
You may have a case, but it depends on several factors, including disability discrimination laws, employer policies, and Illinois employment protections. Here’s what you need to know:
FMLA Protections Ended, But Other Laws May Apply
- The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees. Since your termination happened after FMLA ended, your employer is not legally required to hold your job under FMLA.
- However, this does not mean the termination was legal.
Protection Under the Americans with Disabilities Act (ADA)
- Cancer is often considered a disability under the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations, including additional unpaid leave if it does not create an "undue hardship" for the employer.
- If your employer did not engage in the interactive process to discuss reasonable accommodations (such as extending your leave), you may have a claim for disability discrimination.
Illinois Human Rights Act Protections
- Illinois law also protects employees from disability discrimination and may offer additional rights beyond federal law.
- If you were terminated because of your medical condition rather than job performance, this could be illegal discrimination.
Retaliation Claims
- If you requested accommodations or complained about discrimination before being fired, your employer cannot retaliate against you for asserting your legal rights.
- If your termination was related to your medical leave request, you may have a wrongful termination or retaliation claim.
Next Steps
- Gather Documentation: Collect your termination notice, emails, and any communications about your medical leave and accommodations.
- Consult an Employment Attorney: A lawyer can review your case and determine if you have a valid claim for disability discrimination or wrongful termination.
- File a Complaint: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR).
Bottom Line
You may have a case under the ADA or Illinois law if your employer failed to provide reasonable accommodations or fired you because of your medical condition. Speaking with an employment attorney will help determine your best course of action.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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