Comments on: Q&A: Terminated While on Medical Leave

By: Boszoo

Boszoo — Fri, 20 Jan 2012 03:25:54 +0000

I'm out on Medical leave in the state of California. If I'm out for 12 months what is the state law when the doctor releases me? Can the company fire my after the 12 months? If they ask me not to return am I eligable for unemployment?

By: lt perry

lt perry — Sat, 24 Dec 2011 16:09:25 +0000

I have a shoulder injury that will require surgery. it is a non work related injury. my boss said if I have the surgery that I will be replaced. is that leagal?

By: Kia

Kia — Sat, 16 Jul 2011 02:55:58 +0000

I took a personal leave because of elective surgery. My employer only allows a 14 day personal leave. They found out that it was for a medical procedure and are now requiring me to get a doctor's release note. I'm assuming, that because they require me to get this, they are considering it a medical leave. If the doctor won't release me by the 14 day rule, can they fire me? I tried to take a three week personal leave, but they wouldn't allow it.

By: Gabriel Weinfeld

Gabriel Weinfeld — Thu, 14 Apr 2011 16:27:16 +0000

What the law does not distinguish, we cannot distinguish.
It is very clear indeed that if an employer terminates an employee while on medical leave is not an outright violation of the FMLA. I think what you should fight for is the validity of your termination. Does your employer have the right reasons to terminate you?! If yes, I think the employer did not violate the law. But if no, I think there's a big issue there.
-Gabriel Weinfeld, a legal researcher

By: Proteinpulver

Proteinpulver — Wed, 06 Apr 2011 03:57:40 +0000

This is awful. How can they fire an employee who's on medical leave? You can actually ask for legal advice on this matter. It's your right anyway.

By: Crany

Crany — Sat, 19 Feb 2011 15:35:14 +0000

I have been on medical leave since
4/2010. I received notice that my 401k plan
Was changing, effective 1/2011. I was not
Aware I had been terminated. Is this legal?

By: KURT

KURT — Tue, 18 Jan 2011 16:19:41 +0000

BOLOGNA!

They can`t fire you when on medical leave and if they do, go file a action at your states dept of labor.

By: Undre

Undre — Wed, 31 Mar 2010 07:30:29 +0000

Hello,
Im trying to determine how much can i sue for because i was wrongfully terminated while on medical leave and denial of my COBRA benefits?

By: Robert B.

Robert B. — Sun, 28 Feb 2010 18:39:48 +0000

I am on disability and not sure when I can return. My employer has told me that he is hiring a temp to take my place but cannot insure that I will have a job when I am ready to return. I am one of four employees in the company. Can they terminate me while I am out on disability.

By: Karen

Karen — Sat, 25 Jul 2009 18:45:57 +0000

I have been terminated 2 weeks into my medical leave. Is this legal?

By: Geo

Geo — Tue, 05 May 2009 04:59:20 +0000

Hi
I was an IT Manager for the medical provider company, i was informed this morning that I have been part of the layoff due to the dissolution of my department and outsourcing. However my buddy is still working there as an IT tech and he was not effected, I have been home for the past four weeks due to shoulder surgery. Does the employer have the right to dismiss me with the reason of "Outsourcing IT" yet my friend is still there? while I have been out on sick leave? The employer has offered as part of severance package half of my current pay for one month since I have been using my vacation time during my recovery.
Do i have a Case here?
AlsoCan I apply for works-man compensation? The employer has indicated if I apply for works-man compensation they will not honor the severance package.

Look forward to your reply.

By: James Peters

James Peters — Tue, 15 Apr 2008 18:01:35 +0000

@Freddy: Your first stop should be a Workers Compensation attorney. Often clients are unaware that employee-rights and workers compensation are distinct, highly specialized practice areas and most (good) attorneys do one or the other, but not both. Most workers compensation attorneys do offer free consultations.

We often work hand-in-hand with your workers compensation attorney to bring claims such as the one you may have. Terminating an employee for taking a workers compensation leave is illegal under California Labor Code 132a, but it would take a review of all the facts to determine whether you have a case worth pursuing.

By: Freddy

Freddy — Wed, 19 Mar 2008 19:24:48 +0000

What if you get injured at work and are on Workers’ Comp?
I got injured at work and after 9m on disability I got a letter about Medical Leave i took it to my workers comp Doc and he filled it out and sent it back for me. Two weeks later i receive an other letter that says, You have been on medical leave of absence for nine months Our company policy states, employees off
work for a total of nine months in any 12 month period are to be terminated from employment with the company.

Is this legal?

By: JohnPearson

JohnPearson — Thu, 25 Jan 2007 04:47:37 +0000

Nice Post.

That was well said. Always appreciate your indepth views. Keep up the great work!

John