Legal Question in Medical Leave in Indiana
Protection of my job after the 12 week period?
If I exceed the 12 week period is there any protection for my job or can I be terminated?
2 Answers from Attorneys
Re: Protection of my job after the 12 week period?
As you know, the FMLA provides no more than 12-weeks of job protected leave a year. However, your employer's internal policies might provide further protection. In addition, if you suffer from a disability, the ADA may provide you with protection. Further, if similarly situated employees take as much or more leave and keep their job, state or federal employment discrimination statutes may provide additional protection.
Re: Protection of my job after the 12 week period?
You should determine if your company has short term disability benefits and long term disability benefits and if you qualify. The short answer is yes unless there are other circumstances that may make in unlawful to do so. Mary