What to do if while on temporary disability leave after having spinal surgery, the company I was working for fired me?

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What to do if while on temporary disability leave after having spinal surgery, the company I was working for fired me?

During my absence they hired a “temp” and then decided to keep him. The FMLA protects employees working for a company that has 50 or more employees on site. Is there any recourse for employees working for a smaller company?

Asked on December 19, 2012 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only protection, if you or your company are not covered by FMLA, is that you may not be fired because of a disability. However, since that does not prevent you from being fired for other reasons, including, for example, being absent from work for more time than you have sick and other PTO days to cover (since employers are not required to retain employees who miss more work than specifically authorized by the employer or covered by PTO), that protection is limited.


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