Legal Question in Constitutional Law in Louisiana

I was terminated and my medical insurance cancelled by a federal contractor (Fluor) after becoming ill overseas, is this legal?


Asked on 6/01/10, 7:55 am

1 Answer from Attorneys

The question is a little vague, however, if you were terminated while ill, which resulted in the cancellation of your medical insurance, you may have a claim for wrongful termination. This wrongful termination is based on your federally protected right under the Family Medical Leave Act (FMLA), which allows an employee to take up to 12 weeks of medical leave for medical illness. Further, the employer has the option of paying or not paying you while out on medical leave. An employer can not terminated your employment while under a physician's care for your illness nor is he mandated to maintain your position. The employer must, at the release of your physician, place you within the company at the same rate of pay even if the position is different or place you in the same position with fewer hours.

If you were terminated prior to becoming ill, which resulted in the cancellation of your medical insurance, this would not be illegal.

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Answered on 6/01/10, 2:19 pm


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