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.
Get Email Notifications When This Forum Updates or Subscribe With RSS
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.