Legal Question in Medical Leave in Tennessee

Maternity Leave- Threatened Termination

I have only been with my company since Jan 08. I do not qualify for the FMLA, however my company is offering me 30 days leave without pay. My doctor feels that for me to fully recover from birth I need six weeks and will not be releasing me. My company has sent me a letter to fill in the 30 days I want off and if I am not back on the 30 day this leads to immediate termination. I do not know what to do since I will not be medically release and I could possibly have a C-section which would definitely not be healed. Can they legally fire me and how do I handle filling out and signing this form.


Asked on 5/26/08, 10:00 am

1 Answer from Attorneys
Nanette Gould Nanette J. Gould, Attorney at Law

Re: Maternity Leave- Threatened Termination

Because you do not qualify for FMLA they can terminate you after 30 days if you do not return to work. You don't say what type of work it is but perhaps you could approach them about a temporary work assignment where you could sit at a desk or otherwise do "light duty" if you return after 30 days. Your doctor could dictate a certain level of disability upon your return to work which might help you return after the 30 days, but at a very low physical activity level. That may be your best alternative.

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Answered on 5/26/08, 4:06 pm


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