Legal Question in Medical Leave in Michigan
flma/short term disability
I was in a car accident on April 20,2007. I has hit by another driver. I substand back injuries, and now need surgery. My flma runs out July 12, 2007. My employer called and told me that if I am not back to work by this day i am out of a job. I am currently on long term disability through this company because my short term has run out. Can they fire me while on leave?
1 Answer from Attorneys
Re: flma/short term disability
Under the federal FMLA, the short answer is yes. Once your leave time expires, your employment can be terminated as your job is no longer protected.
This does not mean that the termination is necessarily legal, however. You may still have rights under state law and depending on your condition, you may be able to return to a modified job. The employer would be obligated to make a modification under the Americans with Disabilities Act if your condition fits within the definition of a disability.
You should consult with an experienced labor and employment attorney before your employment is terminated.
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