Legal Question in Medical Leave in California
what happens after Family Medical Leave
My husband had to take 2 months off work because of foot surgery. His company placed him on Family Medical Leave. Due to complications, he's going to be off work for about 5-6 months. Can his company terminate him after the 12 week Family Leave is up?
1 Answer from Attorneys
Re: what happens after Family Medical Leave
Unfortunately, they probably can fire him if he cannot return to work once his FMLA leave has expired. Job protection is only up to 12 weeks.
If your husband can return to work with an accommodation, such as a medical device (wheelchair or other assistance), he should contact the employer and explore that possibility. They would have to engage in a dialogue with him whether they can reasonably accommodate him until he can recover. But it unlikely that they would legally be required to keep his job for another 5-6 months, unless they do it for other employees similarly situated.
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