|Can employer terminate me while on LTD?
Aug 16, 2007
I recv'd STD& FMLA approval, now my doctor has extended the date of my return which puts me on LTD. My company says they can now terminate me since I'm on LTD. Is this legal?
Response from Ms. Franzoi
Yes. In fact, most LTD policies come into effect only after termination of employment. Once your FMLA leave expired, the company no longer had aan obligation to hold your job for you. Although some companies don't hold an employee's job open beyond the FMLA period, they might not terminate the employee at that time. His termination date would be determined in accordance with their sick leave policy. If at the time he is released to returen to work, there is no guarantee that there would be a job for him.
C.D.R. Questions (Continuing Disability Review)
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