Legal Question in Medical Leave in Texas
Termination after taking FMLA.
My employment was terminated after taking twelve weeks FMLA. My physician released me to return to work with limitations. These limitations prevent me from being able to perform my work. However, I am able to do regular office work. The company has a position open that I am qualified for and would be able to perform with my medical restrictions. I interviewed for this position prior to the end of my FMLA. The company has yet to fill the position. Also, the company hired my replacement prior to the end of my FMLA although they may only be temp help. Is the company required to give me employment in the other position?
1 Answer from Attorneys
Re: Termination after taking FMLA.
Depending on the nature of your position, the company may well be required to do so if you are qualified for the position for which you interviewed. The fact and timing of the hiring of the temp for your former position does not matter if you were unable to return to it.
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