Legal Question in Medical Leave in Florida

Length of reinstatement for ''for cause'' time period?

Under FMLA, and specifically maternity leave, while FMLA provides job protection while the person is out, are there any laws or codes specifying how long the person can or should be reinstated to their previous position before being terminated ''for cause'' or ''no cause''? Wouldnt it make sense the person be fired for performance so the company avoids potential litigation?


Asked on 3/19/04, 9:22 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Length of reinstatement for ''for cause'' time period?

Once a person returns to work, there is no minumum time period before which he/she can be discharged for cause or any other reason such as a layoff. The same is even true during the FMLA leave. In other words, if a person would have lost the job due to a layoff or "for cause" situation anyway, then the leave is irrelevant.

Of course, in any discharge situation, the discharge must be for real reasons, not just a pretext to fire someone because of the FMLA leave.

Hope that helps . . .

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 3/19/04, 2:55 pm


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