Legal Question in Employment Law in Indiana

FMLA and Termination

Broke my wrist 9/7/02. Given FMLA by employer. Complications of injury ocurred causing time off to exceed 12 weeks. In constant contact with employer. Okay to take extra time. May not come back with restrictions. Employer allowed me to pay my group medical and participate in insurance program anticipating return to work. I did so.When released to go back to work...employer now states he has no postion. They granted the continued leave...is this allowed?


Asked on 2/16/03, 8:51 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: FMLA and Termination

Unfortunately, the FMLA only protects leave up to 12 weeks during any 12 month calendar period. If, however, your discussions with your employer gave rise to a contractual obligation on their part, or if they treated you differently than others are treated because of some unlawful reason, then you may have a claim. Feel free to contact me at 317-955-9500 if you would like to discuss further.

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Answered on 2/21/03, 10:22 am


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