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disability termination

Discussion in 'Medical Leave & Disability' started by Dbra, Apr 2, 2012.

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  1. Dbra

    Dbra Law Topic Starter New Member

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    Is it legal to terminate an employee who is out on disability due to injury's sustained in a motor vehicle accident. This individual had to take the 26 weeks of leave. Was due to return on May 1st, 2012 and was told she was terminated due to the fact her employer feels she was out to long.
     
  2. army judge

    army judge Super Moderator

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    Of course an employer can terminate an employee for extended absences.
    An employer doesn't have to provide you with leave you don't have.
    Sure there's FMLA, but obviously yours ran out.
    I suggest you discuss this with HR or an employment/labor lawyer.
     
  3. cbg

    cbg Super Moderator

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    "Being out on disability" does not provide any job protection. Only FMLA provides job protection. FMLA lasts for 12 weeks. Sounds like she was granted 14 weeks longer than the law provides. Based on the information provided, yes, her employer can legally terminate her.
     

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