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Layed Off while on Disability. Can They do this?

Dec 11, 2001


I am going on my fourth month of long term disability from my job because of numerous HIV related issues. Everything has been going okay until today when I received a letter in the mail from my employeer that my position at the company has been eliminated. Can they do this? I was under the assumption that because I am on disability my position is secure until I am well enough to return to work. They are asking me to sign an agreement and return it to them. I'm not sure what I should do. Please Help.

Response from Ms. Franzoi

Under the Family Medical Leave Act (FMLA), an employer only has to hold your job for you for a period of 12 weeks. After that, the employer can replace you.

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