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TERMINATION OF YOUR EMPLOYER
Dec 20, 2001

I exhausted twelve weeks of FMLA, I call my office and was told i need extension so I got that from my Dr. Now i receive a letter from my company telling me it will be neccesary to terminate my employment efective Dec 18...is this legal????

Response from Ms. Franzoi

I wish I had a better answer for you but unfortunately your employer can terminate you at the end of your 12 weeks of FMLA leave if you are unable to return to work. FMLA only requires an employer to hold a job open for 12 weeks. However, if your company's sick leave policy provides for sick leave that is longer than 12 weeks, you would probably be eligible for that but they would still be able to replace you at the end of your 12 weeks of FMLA leave. A company has no legal obligation to hold a position open for longer than the 12 weeks required under FMLA.



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