employment after disability
May 10, 2002
I WAS IN AN AUTO ACCIDENT AND HAVE BEEN OUT OF WORK FOR TWO MONTHS. MY DOCTOR EXPECTS ME TO OUT FOR ANOTHER 3 MNTH. I AM WORRIED THAT I WONT HAVE A JOB WHEN I AM READY TO GO BACK. CAN MY EMPLOYER TERMINATE ME OR HIRE SOMEONE FOR MY POSITION BECAUSE OF MY DISABILITY?
Response from Ms. Franzoi
A company only has an obligation under FMLA to keep a position open for 12 weeks. After that, provided they gave you the proper FMLA notice, they can replace you.
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