Can you get fired for missing workdue tosurgery after yourFMLA runs out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you get fired for missing workdue tosurgery after yourFMLA runs out?
My mom was given a 1 week notice to return to work after having surgery. Her doctor could not see her for 2 weeks so she asked for a 2 week extension to get the release back to work. Corporate denied a 2 week extension and fired her. Is there anything that she can do legally to get her job, seniority and medical benefits back? She is union.
Asked on August 20, 2011 Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for her. If your mother is part of a union then she needs to seek help from from her union rep. I am surprised that no one has stepped up to the plate here as it is. There are two many facts that need to be addressed here to give you any real guidance but generally speaking, an employer can fire you after FMLA runs out. Again, what I do not know here - the specifics of her medical leave; what, if any, the union contract states about the matter; etc., - is important in determining the guidance given. So please, seek help from the union first. And if they provide an attorney, from the attorney too. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.