Another Quick Overview In Regard To » Employment Law Medical Leave
Shady "termination" by employer while on medical leave. Any insights?
I have been on medical leave from my employer since late July of this year, after having major surgery. Although I have kept my employer advised of the status of my disability (including submitting certifying paperwork), I had never heard one thing from my employer until I received a certified letter today, stating that I was now considered an "inactive" employee and no longer on the payroll. My medical benefits have ended as well. I was never advised by my employer that my job was in jeopardy, nor given any status on my FMLA, which was submitted before my leave began. Now, my ex-employer is stating my FMLA leave of absence began when I was still reporting to work every day and that I was advised of this. I was never given status on anything. Now, I'm sick AND out of a job. They will never "re-hire" me. I have contacted my state's Fair Employment dept (waiting for return call) and will be meeting with an employment law attorney. I'm devastated. Serious replies only please.
If you were placed on FMLA in late July, keep in mind that the statute only provides up to 12 weeks of unpaid leave per year. It is now 4 months later and your 12 weeks have been used up. After FMLA expires, your employer is not required to reinstate you to employment. I'm sorry, that's not what you want to hear, but it's the truth.
I'm not saying that your employer is right in what they did or how they did it, but it may not have been illegal.
FMLA - 12 Danger Zones
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