Fired , questioning if FMLA rights violated

[Finenurse77]

I was without incident, employed from 1997-2005 and again from 2006-2012. My mother died last year which caused me severe personal distress . I made a choice to work day shift to help out my job and over the course of 9 months was late to work 3 times. I've been suffering from anxiety and panic disorder which is causing sleep disturbance. I either can't sleep or if I do , I don't hear my alarms. My boss was aware of my difficulty and I was working with EAP and my personal physician. I asked for FMLA paperwork and was eligible. My physician filled out the paperwork for intermittent leave . I turned the completed paperwork into my boss. I never heard anything from her so I assumed I was granted the FMLA. I overslept on my last day shift and was terminated the following week . Do I have a case in which to proceed legally?

 

[mightymoose]

I don't see that you have a good argument. You could visit an attorney who can better assess your medical situation.
I think you will have a tough time with that claim.

 

[Finenurse77]

Thank you.

 

[cbg]

All FMLA guarantees is that you cannot be fired FOR taking FMLA. It does not say that you cannot be fired if you oversleep and come in late. Even with FMLA, you still have to practice the employer's call-in procedures.