Legal Question in Medical Leave in Virginia

after FMLA runs out. can a employment fire you?

in the state of va, i was on FMLA for 12 wks-then on short term disablity for 13 wks. doctor wants me to stay out of work 6 more months (long term disablity) my employer terminates my job, stating they can't hold it.

is this legel?

been on this job for 26 years.

trying to get help but noone will answer me, when i ask this question.


Asked on 5/02/06, 5:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: after FMLA runs out. can a employment fire you?

You are entitled to 12 weeks of unpaid FMLA(Family & Medical Leave Act) leave in any 12 month period(assuming that the other requisite conditions apply)after which you are entitled to return to your previous position or one comparable to it.

Howver, there is nothing in the Act that I's aware of which requires an employer to hold open

indefintely a position vacated by an employee

who for whatever reason is unable to return to work after the 12 weeks of FMLA leave has been used.

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Answered on 5/03/06, 9:28 am


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