Legal Question in Medical Leave in Kentucky
Losing Job Position
Can my employer replace me with a temp empluyee if I was on FLMA and during that time I had to go to Short-term disability? I am able to do my job now and the position is filled by a temp employee.
Asked on 5/18/07, 7:29 pm
1 Answer from Attorneys
James R. Becker, Jr.
Becker Law Firm
Re: Losing Job Position
It depends on whether or not you have exceeded your FMLA leave time. If you are beyond the 12 weeks, then the FMLA will not protect your position.
You may still have some rights under a state law, but you would need to consult with a Kentucky attorney in regards to those issues.
Answered on 5/21/07, 10:29 am