You’re a top performer. You’ve got the awards, glowing reviews, and a track record that speaks for itself.

Then your health takes a turn. A disability flares. You miss work or show up late because you physically can’t move, speak, or think straight.

You follow the rules: you get medical documentation, file for FMLA leave, and even request a schedule change to make things easier.

Instead of help, you get discipline notices. Then a termination letter.

Sound outrageous? It happens all the time — and it’s illegal.

The Two Laws Employers Love to Ignore

1. The Family and Medical Leave Act (FMLA)

If you have a serious health condition and meet FMLA eligibility requirements, you have the right to take protected leave — including intermittent leave for flare‑ups — without losing your job. That protection includes lateness or absences tied to your medical condition if approved as FMLA leave. Employers can’t legally “ding” you for them.

2. The Americans with Disabilities Act (ADA)

If your medical condition qualifies as a disability, the ADA requires your employer to work with you — in good faith — to find reasonable accommodations that let you do your job. This is called the “interactive process”. It’s not optional. Ignoring it is a violation of federal law.

The Classic Employer Playbook

Here’s how the story usually plays out:

• You’re doing great at your job.
• Your health condition worsens — more flare‑ups, more medical visits.
• You request FMLA leave and/or ADA accommodations.
• HR says they’ll “look into it.” Weeks turn into months.
• Other people who applied for accommodations after you get them approved.
• You keep racking up FMLA‑protected absences… and management keeps disciplining you.
• Eventually, they fire you for “policy violations.”

The truth? This isn’t about policy. It’s about avoiding the work and cost of making accommodations.

Why This is Illegal

• FMLA leave is protected. Employers can’t count approved FMLA absences against you when making discipline or termination decisions.
• ADA accommodations aren’t optional — and employers must engage in the interactive process. Sitting on your request or pretending it never happened is a violation.
• Retaliating against you for using FMLA or requesting an accommodation is another form of illegal conduct.

A Real‑World Example

One healthcare worker I know had a spotless record. She saved lives, won awards, and was recognized by peers and patients alike.

When her disability worsened, she applied for a simple accommodation: a shift change. Occupational Health approved it for review — and then HR did nothing. Other employees who applied later got quick approvals.

Instead of fixing the problem, management wrote her up for FMLA‑protected lateness. The discipline piled up until they finally terminated her.

That’s not just unfair — it’s exactly what the ADA and FMLA were designed to prevent.

What You Can Do If This Happens to You

• Document Everything. Keep emails, medical notes, and FMLA approvals.
• Follow Up in Writing. If HR ignores you, put it in writing and keep proof.
• Know Your Rights. FMLA protects your job; the ADA protects your right to an accommodation.
• Act Quickly. Deadlines for legal action are short — often just months.

Bottom Line

If you’ve been disciplined, demoted, or fired after requesting an accommodation or using FMLA leave, don’t assume you’re out of options. You may be entitled to reinstatement, back pay, and other remedies.

The law is there for a reason — but it only works if you use it.

Image Credit: OpenAI DALL·E.