Legal question regarding FMLA.

General General Discussion
1

Relative of mine has cancer which he is being treated for. His employer put him on FMLA against his wishes as he still wants to work. His boss made the medical analysis he was unfit to continue working even though he has been showing up everyday and his doctor has also said he can continue to work. He has not had any issues while at work besides getting tired after long days and occasional time off for doctors visits. His job is not physical/labor.

So can they force you ‘out’ on FMLA against the employees wishes and even though his primary doctor has said he can continue working? The only person who said he should not work is his boss. His boss does not have any medical information on him other than what my relative has told him.

2

Good question. I believe the answer is no. If the boss feels that his work performance is being impacted then perhaps the boss is doing him a favor rather than out right firing him. What Im getting at is that maybe the boss has your relatives best interests at heart.

3

FMLA is a worker’s right enacted by law. It is not a tool of management to stop an employee from working. He needs to seek redress through his HR office, or if necessary, an attorney.