Legal Question in Medical Leave in North Carolina

Can leave be extended without job loss?

I had a hip replacement. My doctor placed me on medical leave. After follow up visit, my doctor deemed it necessary for me to take extended leave for an additional 8-12 weeks. Upon receiving this information, I was informed by my employer that I would be dismissed as soon as my personal leave had expired which they required I use... approximately 4 weeks.

I have been with the company for 15+ years..am nearing retirement age. Have no disciplinary actions or problems..have not had leave for medical problems prior to this. They have more than 20 employees. Is it legal for them to dismiss me because my doctor has deemed it necessary for me to extend my medical leave?

Thank you

Johnsie Long


Asked on 11/22/04, 11:08 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Can leave be extended without job loss?

Under the federal Family and Medical Leave Act ("FMLA") you may be entitled to up to 12 weeks of unpaid leave during a 12 month period for a serious health condition. Coverage under this law will depend on the number of employees your employer has, the number of hours you worked during the preceding 12 month period, exactly what your doctor has said and what your treatment regimen is. You may also have coverage under a North Carolina law, but you will have to talk to an attorney licensed in North Carolina about that. If you would like to consult about the FMLA issues, I can be reached at [email protected] to set up a telephone interview.

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 11/22/04, 2:33 pm


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