Legal Question in Medical Leave in Massachusetts

Terminated after auto accident.

I was terminated from my job of 8 months following an auto accident on the way to work. I was out of work for a month per doctors orders. I was advised I was being put on ''medical leave'' a week after accident. I also received a certified letter stating I was advised I was on medical leave, requesting ''compelling documentation as to why I was unable to work''. I provided the info from my M.D. as requested along with a possible return to work date. I was informed 2 weeks later that I was terminated, days before my anticipated return to work. Is this legal if I was informed I was on ''medical leave'' ?


Asked on 1/09/03, 7:03 pm

1 Answer from Attorneys
Thomas Murphy Law Office of Thomas Murphy

Re: Terminated after auto accident.

From your question, it does not appear that you were eligible for FMLA leave, because you had not worked for your employer for 12 months. This is a threshold issue which you must first meet in order to qualify for leave under the FMLA. Depending on your former employer's policies regarding medical leave, if any, you may have a claim against them for breach of contract.

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Answered on 1/09/03, 9:46 pm


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