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I live in Georgia
I have been out of work for over a month and exhausted my FMLA time.
My work will not allow me to return until I find a doctor who will certify that my condition will never cause me to miss work again...which is tantamount to asking a someone in remission from cancer to certify that it will never come back, since my issue is serious anxiety and depression that is often times stronger than the medicines I am on.
My employer has been aware of my condition since I first filed an FMLA claim for it well over a year ago.
I have proven competent in my job to the point that, even though I was on an attendance warning from being sick prior to qualifying for FMLA, they made two exceptions based on my performance - they promoted me and made me eligible for bonuses, which is against normal company policy for people on a dependability warning.
I have had several doctors send in several notes to the head of health services and they have all been returned because no doctor can 100% certify that depression will not reoccur, it is simply impossible.
If the company ends up firing me, which I fear is a distinct possibility, do I have any recourse to file an ADA claim? They knew about my condition ahead of time, they broke with policy to promote me based on performance, and they are asking for the impossible from my doctor - oh, and my HR contact is no longer answering when I call or returning my voice mails.
If this is not the correct place to ask this question, I apologize, but it seemed logical to ask this question to a forum filled with HR experts.