ANYIONE Familiar with FMLA?

Unfortunately I do not see any illegalities. FMLA you are covered for exactly 12 weeks. The organization does not have to hold your job prior to your leave but they must return you to a "like or similar position" with no decrease in pay. They were going to allow you to return it sounds as if they were offering a "flex schedule/accomodations" to meet your medical needs. Unfortunately, your doctor felt you could not return to your regular duties as of yet and you were unable to resume most of your work duties. Unless there decision (you can prove) was discriminatory in nature (i.e., another employee was offered work after being out for the same amount of time and still offered a position although there condition limited them to the exact restrictions as you or more) or/and they can prove the accomodations you required would hinder there business financially they were able to legally terminate you. What I do find interesting is they asked you to correct some things within 60 days. I imagine because of your illness from what you have written you did not correct these mistakes they asked for. Although this is the reason they gave for your termination I find it unlikely that was the true reason and I am certain you work at an Employee-At-Will state meaning they can terminate you for any reason as long as they do not violate any state or Federal laws. As previously noted, unless you can prove discrimination there is no case. Additionally, since you utilized all of your time under FMLA they were under no obligation (unless they have a policy that extends pass FMLA) to offer any further leave. On a final note if your condition falls under the American with Disabilities Act you may have legal recourse, but I cannot say this is the case since you do not offer any information regarding your illness. I sincerely wish you the best of luck.

I've used it but for a shorter term and it was concerning the health of a family member. When you doctor origianlly signed it, was there a date to come back? I dont' think it's a problem extending it if needed. It sounds bad to me. I don't think you should have been fired. If your limited (according to the doctor) they need to make every effort to help you out.

I think as far as the few day you were working and not feeling well probaly was the reason you performance slipped and that also should have been considered.

It also actually depends on which state you live in. In CA, there was a recent case that said that a plaintiff has to prove that the plaintiff was able to work with or without the reasonable accommodation (but this dealt with the ADA and FEHA).

Greene vs. State of California

It was legal - they didn't fire you. They ended your employment because they could not accommodate the restrictions your doctor established (by finding you light duty or moving you to another job), and your FMLA leave had expired.

It's very dangerous for an employer to fire an employee in your situation. They're almost definitely inviting a lawsuit. Contact your local EEOC because I'll bet if you file a claim against them, you'll win, and they'll have to pay you.