I had back surgery in July, and was out on FMLA the doctor wanted me to stay off work for 2 extended months. My boss call me in for a meeting and said they had to let me go even though I have a medical reason, and when I get released from the doctor I can reapply for the company. Should they have a job even if its not the same job for me when I return?

Should I have a job when I return from medical leave? I am being paid by STD but I have no benefits.

Quite possibly the company couldn't wait any longer for you to come back. You didn't say just what you did for them, but leaving a gaping hole in their workforce was not their idea of running a business. If they told you to reapply when you were officially able to come back I don't know if there is any sort of "guaranteed" job waiting for you. If you had a written contract ok, maybe. If you were just a salaried employee or hourly employee, maybe not.

There is no requirement for them to hire you back, If you run out of unpaid leave time and this was not a work related injury.

I had back surgery in July, and was out on FMLA the doctor wanted me to stay off work for 2 extended months. My boss call me in for a meeting and said they had to let me go even though I have a medical reason, and when I get released from the doctor I can reapply for the company. Should they have a job even if its not the same job for me when I return?



I'm answering a question with a question - why FMLA and not State Disability Insurance?

That doesn't change whether or not your employer has to hold your job open, of course.