If I have been on FMLA for 12 weeks and my employer eliminated my job but offered an equivalent positionbut now my doctor wants me on 6 more weeks disability, can I be fired?

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If I have been on FMLA for 12 weeks and my employer eliminated my job but offered an equivalent positionbut now my doctor wants me on 6 more weeks disability, can I be fired?

Asked on February 10, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Family and Medical Leave Act only guarantees 12 weeks of unpaid leave for health or medical issues; therefore, if you need more time beyond that, your employer must voluntarily offer it to you and/or you need to have various forms of earned and accrued paid time off (PTO--for example, sick days, vacation days, comp time, personal days) which you can use to cover the extra time away from work. Otherwise, if you don't have PTO to use and your employer does not voluntarily choose to allow you leave (including unpaid leave), your employer may terminate you; the law does not require an emloyer to allow an employer to take 18 weeks (4 1/2 months) off from work.


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