Shady "termination" by employer while on medical leave. Any insights?

Question

I have been on medical leave from my employer since late July of this year, after having major surgery.  Although I have kept my employer advised of the status of my disability (including submitting certifying paperwork), I had never heard one thing from my employer until I received a certified letter today, stating that I was now considered an "inactive" employee and no longer on the payroll.  My medical benefits have ended as well.  I was never advised by my employer that my job was in jeopardy, nor given any status on my FMLA, which was submitted before my leave began.  Now, my ex-employer is stating my FMLA leave of absence began when I was still reporting to work every day and that I was advised of this.  I was never given status on anything.  Now, I'm sick AND out of a job.  They will never "re-hire" me.  I have contacted my state's Fair Employment dept (waiting for return call) and will be meeting with an employment law attorney.  I'm devastated.  Serious replies only please.

kiara8192 · Accepted Answer

If you were placed on FMLA in late July, keep in mind that the statute only provides up to 12 weeks of unpaid leave per year.  It is now 4 months later and your 12 weeks have been used up.  After FMLA expires, your employer is not required to reinstate you to employment.  I'm sorry, that's not what you want to hear, but it's the truth.

I'm not saying that your employer is right in what they did or how they did it, but it may not have been illegal.

Anonymous · Answer

They only have to continue your medical benefits for 3 months.  I was in the same situation but I didnt lose my job. I ended up quitting before my leave was up. Maybe this is a blessing in disguise. I dont think there is anything you can do about it. Fair Employment wont help much.  Im sure in some fine print in your employee handbook all this info is in there. Good luck

smokingstonersweetheart · Answer

i was on disability a year and ahalf ago for 6 weeks. i brought a doctors note in and had that time off, paid by disability, and still an employee.  after 5 weeks passed returned to the doctor, with a 3 week note.  2 weeks later recieve notice that medical benefits have stopped.  so no more doctors visits.. called boss and wanted to have a "restricted hours" schedule.  boss refused and therefore i was forced to resign. the condition which disabled me from work has subsided and i am able to return, but not to my former employee.. since then have had a strig of crappy jobs..  

All in all i hope it works out better for you, you are taking better steps than i did :) good luck to you

Anonymous · Answer

About the only thing you CAN do is through the lawyers.

You can try to file for unemployment and see if that will pick up the slack a little.

Otherwise you will have to beg for some help from charity, or go on Oprah and explain what happened to you to the whole country.

Anonymous · Answer

You're really doing the only thing you can, which is to get help from the only people who can.  The government and an attorney.

Good luck.  You're not alone

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Shady "termination" by employer while on medical leave. Any insights?

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