Can my employer refuse me a new job because of my FMLA status?

I ve been with my employer for 10 years. My job is contingent upon a grant renewing every year. This year the grant was not renewed therefore my employment is ending March 1st. My manager has a similar position open under a different grant which I have been doing some work under to help cover for staff turnover. I don t get paid under that grant, the salary is $12k less. I have been on intermittent FMLA for the last 2 years. I usually have to call out 4-8 days a month to care for myself. When my son got sick a month ago, I was approved for intermittent FMLA to care for him so now I m out even more. I have always had good performance reviews and I have never had any disciplinary action. When my son s FMLA was approved, I heard management was not happy about it and I could tell by the way they started treating me. When I spoke to my manager about transferring to the open position, he initially considered offering it to me. Then when I got FMLA for my son, they decided to move forward with letting me go on March 1st. Can they do this? This is FMLA discrimination right? What are my chances if I sue? Give me your brutal honest opinion please. Thanks in advance.

ibu guru

Your employment is terminated effective 1 March. You already knew the position was being eliminated before you got a second intermittent FMLA. Your coverage under FMLA ends 1 March, too. They have no obligation to hire you elsewhere. You have no chance of suing. Even if you could get a new job somewhere, you would not be covered by FMLA anymore. You would have to have worked there for a minimum of 12 months, and you are limited to a maximum of 12 weeks of coverage. You've been using 1-2 weeks per month already, and now with your son's needs, once you meet the 12-month employment requirement, you appear likely to burn through your max allotment in short order.

They Pelted Us With Rocks And Garbage

Sure Because there is no way to prove your claims They're not required to hire someone with problems and this is you being hired for a new position.

Pascal the Gambler

They have no obligation to offer you a new job. Your job was protected under FMLA, but that job is not going to exist anymore and you are being let go because of it. Can they not offer you the new job because they'd prefer to have someone in that job how shows up to work more than half the time? Yep. Your chances are zero.


Yes....... you are in their eyes abusing the 'time off' and they need someone who will work and can work. Your job is terminated 1st March