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Can employer let you go while on FMLA

Discussion in 'Medical Leave & Disability' started by jsung1, Jul 27, 2011.

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  1. jsung1

    jsung1 Law Topic Starter New Member

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    I was approved for FMLA and short-term disability and doctor said I'll have to be off work for 6-7 months total. Can my employer let me go after the 12 week mark under FMLA? If they do, does that mean I loose my short-disability and/or medical insurance?
     
  2. army judge

    army judge Super Moderator

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    Your employer isn't bound to keep you employed for any specific time, barring a specific employment contract to the contrary.

    In essence, yes, your employer can terminate you while you're on FMLA leave. I suggest you discuss your specific concerns with your manager, HR, or your own attorney.
     
  3. cbg

    cbg Super Moderator

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    Your employer has no legal obligation to hold your job beyond the 12 weeks of FMLA. On week 13, day 1, he can legally let you go if you are not able to return, unless a legally binding and enforceable CBA or contract says otherwise. I am not saying you WILL be let go - I am saying you CAN be let go. Not all or even most employers will do so, but they legally CAN.

    While only someone who has read your STD policy can say for certain, I can tell you that in 30 years of administering employer-sponsored benefits I have yet to see an STD policy where the benefits stop when employment does. The overwhelming likelihood is that you will be able to continue to receive benefits for the open claim until either your condition improves to the point where you are no longer eligible, or the number weeks on the policy has been exceeded.

    Only your employer can say whether your medical coverage will continue or not. You WILL be eligible for COBRA.
     

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