Someone on my team is on a family medical leave and a fellow coworker said that they could still be affected in the layoffs. Can someone confirm please?
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You can be laid off on FMLA leave as long as it’s because of a mass layoff and not because you’re on leave even in places like California. Most people who go on leave I imagine would have notified their manager at least a month or two before so there’d still be time for them and HR to ensure they’d be laid off the right way if they were on the list so they would have been notified at the same time as everyone else. At least in the U.S.
A 9 mo pregnant employee in Canada, was told she was being laid off prior to going on leave. She was told the severance would start when she returned from mat leave. So her job wasn’t protected before she left.
Not allowed by law , once they get back they will get notified.
Rules differ by country and there are many different types of leave. In the US, you will be terminated if you're on Long Term Disability (LTD) for 6 months (after being on Short Term Disability (STD) for 6 months.) After a total of 12 months on disability, the company will draw up a Mutual Separation Agreement (MSA) & pay you to exit based on your tenure, plus COBRA payments for up to 6 months. While STD offers job protection, Family Leave has different terms.
So if a person is sick a company must keep paying them? Indefinitely?