Illinois  |  Medical Leave

Legal Question

Asked on: 1/18/12, 7:29 am

My mother has been employed for 19 years at the same company. She has been having some medical issues and has used 12 weeks of FMLA, although for part of this she was required to use her remaining vacation days. She took the majority of the 12 weeks in 2011 and has not been able to return to work in 2012. She is in the ICU unit, on a ventilator, feeding tube and sedated. Her employer's HR department (mine also) send me an email on 1/17/2012 stating that she is terminated as of 1/12/12 because they didn't received required documentation from her physician. I spoke with the physician and they faxed the requested information to HR on 1/9/12. HR is stating they didn't receive it until 1/16/12 and the deadline was 1/11/12. Is this legal? Aren't they required to extent the leave for 2 weeks? Can they terminate her through another employee that is a family member?

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