Legal Question in Medical Leave in Washington

laid off after doctor approved medical leave

I was on a doctor approved medical leave for Sarcoidosis a serious lung infection in December 2003 and was released in May of 2004 to return to work. My employer told me they were laying off and I went on unemployment. I found out that there was someone working in my department who was hired after I was put on my medical leave. Then I was called back on 10/21/04 to return to work. I was training to work as a clerk for Plaid Pantry. I notified Plaid Pantry and gave notice my resignation. The very next day I was called and told I wasnt gonna be rehired due to my attendance. I personally went in and talked to them and they say I was not going to be rehired. And I am now without employment. My question is wasnt I suppost to have my job once my doctor released me? I gave them all the doctors notes and kept in contact as to my intent on returning. I was employed for 2 years and worked over 1000 hrs. Did they infringe on my rights? Please help I am in need of some guidance into this matter.


Asked on 10/24/04, 6:01 pm

1 Answer from Attorneys
David Black HR Juris, PC

Re: laid off after doctor approved medical leave

If your leave qualified for FMLA protection, then you were entitled to be restored to your former job upon expiration of the leave or returning to work due to a medical release. The right to be restored to your former job exists regardless if the company hired a replacement. You should consult a local attorney to discuss your case as soon as possible so that no time limits expire that prevent you from pursuing your rights.

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Answered on 10/26/04, 10:30 am


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