Question by WILL L: Can I sue an employer if I’ve been fired after requesting leave under the FMLA?
I started working for my company on 3/3/2008. I worked for a software company. My job was to travel to new “installs” and train personnel. During the week of November 1 through November 9, 2009 I was at was at an install in St Louis, MO. On Wednesday, from the road I emailed a request for 4 weeks of unpaid time under the FMLA, effective upon my return. After considering that may be unreasonably short notice I amended my request to commence 4 weeks from my return to the office on Monday. That amended request was sent the following morning. The request was sent to my direct supervisor, our Customer Support Director and our acting HR manager. My wife had a baby on April 9, 2009, under the FMLA I knew that I was I entitled to 12 weeks of leave. On Monday November 9th, I returned to work, I logged into my work station and started checking my voice mail. At that time my direct supervisor asked me if I would mind stepping into the Customer Support Directors office so that they could speak to me. At that time I was questioned about any issues that I may have with the company. I responded that I had some issues with the traveling aspect and the poor job that the commercial airline industry does but stated that I liked my job and the company very much. I added that the issues with travel were obviously not caused by the company and was just a fact of business travel. At that point The CS Director indicated that I had a bad attitude and that I had not made any attempt to learn any of the other facets of the software (outside my field of expertise) and for those two reasons my employment was being terminated. This was the first time that I had been advised that I had a bad attitude by the company. It completely caught me off guard. On the other issue of seeking cross training, it had been mentioned in my annual review in May or June ( six or seven months prior) but our company has so many installs and my travel and support desk schedule was such that it made it impossible to get this training. Further; it was never conveyed to me at any time that my continued employment depended upon going after this training. It was held more like a “carrot” to obtain raises and perks. I truly believe that my employment was terminated because I was a Male requesting FMLA time to care for the birth of my daughter. At the time my daughter was born there were at least four other births to employees that were women. All got to take FMLA time and some even got promotions to positions that no longer required them to travel.
the letter of the law:

1:ENTITLEMENT TO LEAVE.–Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
*Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

Consideration for amending the request:

In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

Best answer:

Answer by tonalc2
After everything you’ve stated, it sounds to me like the FMLA request has nothing to do with your being fired. Just my opinion.

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