Are you aware of this?
7 replies (most recent on top)
At the conclusion of FMLA leave (12 weeks), an employer may lawfully terminate employment if the individual is unable to return to work. In such cases, STD and LTD benefits may continue beyond the end of employment, provided the underlying condition began while the individual was still employed.
However, choosing to end FMLA leave in order to return to work removes the legal protections that FMLA provides. At that point, employment decisions are no longer constrained by those protections. While certain actions may be legally permissible, that does not necessarily make them ethical; in some cases, the conduct may still be considered deplorable.
While they can legally give your role to someone else while you are on leave, they cannot fire you while you are on leave. If they can't find a suitable role to move you to after you return, you can and most likely will be fired - not as retaliation, of course, absolutely not - just due to some reason they decided was valid and never brought to your attention before the leave took place.
may not be terminated but you will definitely be retaliated against. personally was a victim of this.
Layoffs can happen during fmla. A good manager keeps notes on each worker so if asked to fire, they have the notes highlighting pre illness behavior.
Lawsuit coming soon if thats the case. Wrongful termination. I do know if certain medical papers or manager response to FMLA case worker isn’t submitted they can find a cause for termination. Its sloppy how the case worker submits their case because when I was coming back from FMLA the case worker sent a email asking my manager, “will I return on certain date that was expected?” and all they did was respond ‘yes’ and that was the end of it. Like thats all they do to close the FMLA case on their end? Ok. Then again this company is a circus run by clowns so shouldn’t be surprised.
@b3
Don’t tempt me with a good time…..
Going out on medical leave puts a target on your back.