Can i be terminated from my job while out on medical leave?
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Can i be terminated from my job while out on medical leave?
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i was terminated from my joe after going out on medical leave for 3 months i had a return date but was termed 3 week before returning to work company policy is that you can be out for 6 months
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corgi1922
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Technically yes they can terminated you, even if on FMLA, if you are out for more than 3 months (12 weeks) in a year (could be rolling or calendar).
Typically if the company says they will allow for 6 months, they must follow the policy. Sounds like something else might be going on here. |
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Judy
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If you were out on FMLA leave, your job is protected (or you'll be given an equivalent job). Even then though, if there is a general layoff, you could still be terminated, just not for being off on medical leave.
Other than that, it's most likely legal to terminate you. Read that policy again.... |
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estielmo
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why did they terminate you? |
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hannahmae1978
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It depends mostly on why you were terminated. In my company, I can be out for 6 months too, but FMLA leave is only 12 weeks per rolling calander year. So, if you're out on medical leave (not just calling in sick, but removed from work by your doctor with appropriate FMLA/Short term disability leave approved) you can still be fired if the 12 weeks have passed. It could also be that your boss is ignorant (as was the case with my boss). If you can provide more information, I might be able to help you further. I've recently been on several medical leaves (having a baby)... |
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Chatterbox
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Did you submit FMLA (Family Medical Leave Act) paperwork with your employer? If so, then no, I do not believe you can be terminated.
If your termination was unrelated to your leave (e.g. cited as a part of company layoffs), then I think they can do that.
You can also contact the State Labor Board for specific information. They will tell you whether it was legal. If it was not, they will take your complaint and contact the employer on your behalf. |
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zombie.society
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Yes. It's quite simple, really, they want to pay someone who can actually go in and work. |
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happegirl0403
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From what it sounds like, you can't be terminated for medical leave. i would definitely get with the TWC to find out for sure. |
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llewellyn11
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I had an accident at work in 2007 and had an operation in 2009 july I sent in every months sick certificate from the doctor My condition did not improve well enough to go back to work as the type of job I was doing I could not do as I was not yet recovered from the operation I was still under the hospital consultant.In dec 2009 I was told by my employer that my job will terminated due to ill health as from the end of feb 2010 can my employer do this? In dec 2010 I had to have on other operation with the same problem can you please let me know if this is correct that the employer can terminate your job while you are off sick. |
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