Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Is this FMLA discrimination?

I filed a DC 130 form in reference to my WC case because I got COVID on the job. I was constantly pressured to come back to work while I was out sick with COVID and I was told to come back to work while I was still sick. I had to constantly remind my employer I had heart problems from the virus and was seeing a cardiologist. I felt I had no option but to resign as the employer was not willing to accommodate my high risk COVID conditions. Is the pressure from my employer while I was out sick FMLA discrimination? My job was also posted online while I was out sick and my supervisor told my coworker "she might not come back to work."

2 Answers

  • 2 months ago

    No.  Had you not resigned, you might have a case.

  • 2 months ago

    Tough to say.  I doubt your Covid-19 risk factors  constitute disability, but I am not a doctor and wonder if your medical providers documented to your employer that they were.  Something tells me you didn't offer any medical documentation to back up your claims so may be unreasonably expecting your employer to just take you word for it.  And if so, this would not be discrimination  Then there is the fact you weren't damaged because you chose to quit and weren't fired in the same way you chose to not return to work when "feeling" sick.  There is no law against the employer hiring someone to replace you while you are not working your job and the possibility of you not returning did exist..

Still have questions? Get your answers by asking now.