Legal Question in Medical Leave in Florida
termination after request for extension of FML
My husband has on medical leave since 8/21/03 due to bilateral shoulder surgery. FMLA leave was for 12 weeks.
His second shoulder surgery was on 10/8/03. His follow up with the surgeon was 10/16/03, at which time he was told that he could return to work, with no restrictions, 12 weeks from that date.
On 11/3/03, he received a certified letter from his employer stating that he would need to come back to work under full duty status by 11/14/03, or be terminated.
As I mentioned above, the surgeon will not release him
for full duty until on or about 1/8/04.
Do we have any recourse whatsoever? He still requires physical therapy several times per week and the employer will be terminating insurance benefits as well.
Any advised would be greatly appreciated!
1 Answer from Attorneys
Re: termination after request for extension of FML
His FMLA protection will end the first day after his 12 weeks of leave is taken - meaning he could be terminated legally the day after. Have him his doctor to release him back to work and make sure you tell the doctor he may lose his job if he does not release him.
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