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    smithwoods's Avatar
    smithwoods Posts: 2, Reputation: 1
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    #1

    Nov 23, 2008, 05:50 PM
    Can I be fired when FMLA period runs out and doctor will not let return for 2 months
    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?
    smithwoods's Avatar
    smithwoods Posts: 2, Reputation: 1
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    #2

    Nov 23, 2008, 05:52 PM

    Should I have a job when I return from medical leave? I am being paid by STD but I have no benefits.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Nov 23, 2008, 06:48 PM

    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 23, 2008, 08:30 PM

    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 24, 2008, 08:39 AM
    Quote Originally Posted by smithwoods View Post
    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 your employer has to hold your job open, of course.
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