I worked with a company in Illinois for 4 years. I have a condition that at times requires rest and I have alot of pain. I had called off on a Tuesday and my boss at that time told me to take the rest of the week off if needed. I ended up taking the rest of the week off. I worked for the next two weeks and on this past Monday I had to call off. I went to the ER that evening and was told I could not return to work until I was released by my regular Dr. I my was waiting for all my reports from the ER. I talked to my new boss that was hired the previous Monday on Tuesday and told her I would let her know ASAP when I was going to be released to return to work, she says " thats OK don't rush back. She called me on Wednesday at home and informed me that I was being released from my current duties. I asked her why and she stated " I need you to be here everyday and this place does not know what is going on unless you are here". I told her she could not do that because I don't have a history of call offs and had not ever been wrote up for anything. She said I will she if there is another position that we can put you in that is not a big deal if you miss a day or two. She asked if I could work midnights, I told her no. She asked me if I could work the floor, I told her no that is why I had an office job. She said I know I am not suppose to ask this but can you afford to just stay home, I didn't reply. I told her that everyone knew I could not work the floor because of my condition. She states " I can't believe that they would give you that job knowing your condition (Lupus). The endo of the story is I was released of my current duties and offered a job that was known I could not do. I disagree with this because it is not like I was off for a week or two. I this wrong? What can I do?

Did you work at least 1250 hours over the past year? The reason I ask is that your employer is required to give you information about your eligibility for FMLA leave. FMLA will protect your job while you are out ill for up to 12 weeks each year. (It does need to be a serious illness and lupus would definitely qualify.)

There's also an issue with discrimination against a person with a disability. Do you believe you have been treated differently than others without a disability? If you were held to a stricter standard, it may be a case of discrimination on the basis of disability. (Lupus may qualify.)

You can learn more about discrimination at www.eeoc.gov (http://www.eeoc.gov).

Let me know if you have any other questions.

My employer did not offer me FMLA. Is that right?

They only need to offer it to you if you have worked at least 1,250 hours over the past year for them AND they have at least 50 employees in a 75 mile radius. Have you been there for longer than a year, did you work at least 1,250 hours and are they large enough to come under the requirements of the law?

Yes, I have worked there for 4 years and have worked more than 1,250 hours in the last year. They have more than 50 employees in a 75 mile radius.

Your employer should have brought up the option of FMLA if they knew that you had a serious health condition.

You can read more about FMLA at: http://www.dol.gov/esa/whd/fmla/

Let me know if you have any other questions.