Termination during Medical Leave of Absence

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Latest post Mon, May 4 2009 12:25 PM by LynnM. 2 replies.
  • Fri, May 1 2009 12:28 PM

    Termination during Medical Leave of Absence

    Although I wasn't aware of the "Employees Handbook" when I was hired nor was I made aware it existed.  In one section, it says " A MLOA can not be granted for a period longer than 8 contiguous months during any 12 month period.  I'm not sure if that means termination or layoff.  The document says under "Termination while on leave or failure to return" section, that&nbs... employee may be terminated from employment for employees on MLOA, FMLA or PLOA for any of the following reasons.

    - employee does not return at the end of the approved leave!  (I'm on disability and I've been told I am going to lose not only my job but my benefits as well)

    -If an employee is "LAID OFF" while on an approved MLOA, the employee will be eligible for benefits under the severance plan.

     

    I can't find anything in the document under severance.

    Anything I can do?

  • Fri, May 1 2009 1:14 PM In reply to

    Re: Termination during Medical Leave of Absence

    How long have you been on disability?  Under FMLA the employer is only required to hold your position and maintiain your benefits for 12 weeks.  After that if you cannot return to work then they may terminate you and your benefits accordingly.

    The other question is WHY are you losing your job?  If they are terminating your employment because you cannot return to work then that is not a layoff and would not qualify for maintenance of benefits. If they are eliminating your position and laying off several employees then that would.

    Also, what do you mean that you are "on disability?"  If by that you mean you are utilizing a short term disability policy that maintains an income that does not prevent the employer from terminating you if you cannot return to work after their maximum time they will grant you off or 12 weeks under FMLA, which ever is greater.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, May 4 2009 12:25 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Termination during Medical Leave of Absence

    If you qualify for FMLA you have to be allowed a 12 week unpaid leave.

    BUT if the position would have been eliminated even if you were not on leave, you can be terminated while you are on a medical leave.

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