My friend received papers laying her off after 10 years of employment with a good work history. Her termiation date is in 3 months & have offered her a severance. She had put off having a hysterctomy (with 6 weeks of recovery) because of her immediate boss having cancer & had to cover for her. The papers say she needs to preform her job as normal, if not, she will not get severance and will be fired. Should she go out on medical leave? Can they fire her if she does?

She needs to discuss this with her HR department, If her boss is aware of her doing this, they should disucsss this, if she was just doing it, and did not tell anyway??

They can of course withdraw the offer of severance, that is not required by any company. They cannot fire her for taking the leave ( but they don't have to pay her for the leave unless she has leave time available) But upon her relase to come back to work, they don't have to allow her to come back.

So if the leave is unpaid, and they don't let her come back, same difference.

THanks Chuck, that's what I was afraid of. It's a difficult decision. Right now, she needs the present job for her health insurance to cover the surgery. If she got fired, then no insurance! Also, can't take a new job because usually you have to wait a while to get the insurance, plus you don't want to be out when you start a new job! UGH. I will have her talk to her HR plus her doctor! THanks.

Don't forget COBRA. FAQs About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html)

Fr_Chuck:
Suppose that the company said to take a paid leave of absence with pay and then had you disabled, both short and long term.