A man with diabetes received paperwork from his employer for a medical certification from his doctor. He reportedly had the paperwork filled out and he turned the signed form in to the company. The doctor's certification reportedly indicated that the worker would need intermittent leave for a period of roughly one year for treatment related to the worker's medical condition. The man reportedly was fired within a week of turning in the Family and Medical Leave Act (FMLA) paperwork. An FMLA retaliation lawsuit has now been filed seeking to vindicate the employee's rights.

The worker was originally diagnosed with non-controlled diabetes as far back as 1997. The man reportedly needed to miss work from time to time due to his diabetes in order to receive treatment. On March 21, 2006, he started working for Georgia-Pacific. He sought the FMLA paperwork from his employer, which was filled out on May 14, 2010. He was terminated on May 21.

Generally, the FMLA provides workers with certain rights to obtain unpaid medical leave of up to 12 weeks without the fear of losing their job. The FMLA applies to employees of companies with 50 or more employees. The worker generally must log at least 1,250 hours of work over the past year to qualify for FMLA protection.

However, even though the Family and Medical Leave Act was created in order to protect employees who need to leave or have intermittent leave due to a medical condition, there are still some employers who attempt to either deny leave or retaliate against an employee who does take leave.

Cincinnati workers who suffer retaliation for taking medical leave for themselves or a qualifying family member should understand that legal action may be available if the employer has violated the employee's rights. When facing medical leave issues, workers can speak with a seasoned Ohio employee rights attorney to better understand their rights and options.

Source: The Southeast Texas Record, "Georgia-Pacific sued for firing employee who requested medical leave," Michelle Keahey, Sept. 5, 2011