If i cannot return to work once my 12 weeks of FMLA time is up, does my employer have the right to fire me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If i cannot return to work once my 12 weeks of FMLA time is up, does my employer have the right to fire me?
I had been off of work for 12 weeks due to a back problem and I was covered under FMLA from my employer. Once this time was exhausted, my employer said I had to return to work or I would be terminated. I was receiving short term disabilty and I had the necessary paperwork to prove my out of work status. I could not physically return to work and my doctor also would not allow me. Is my employer able to terminate me?
Asked on December 5, 2016 under Employment Labor Law, Delaware
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A worker cannot be terminated so long as an absence is covered under FMLA, PTO (sick days/vacation time), or have protection under the terms of any applicable empolyment contract or union agreement. Otherwise, an employee can be terminated from their job. The fact is that as a general rule, a company can set the conditions of employment much as it sees fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, if you use up your FMLA leave and then do not return to work and/or have and use paid time off to cover any additional absence, you may be terminated. FMLA specifies how much time you can get off for a medical issue or treatment; you have no right to more time off than that (unless using PTO), and the law does not require employers to keep employees who miss work without using FMLA or PTO.
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.