I was recently laid off due to COVID-19. I also have an open FMLA short term disability claim filed due to testing and an upcoming surgery. The layoff came on the day of one of my doctors appointments that I had notified my regional HR manager prior to, in order to have it filed under my open claim. I am confused as to how they can let me go. The way I understand it FMLA short term disability holds my position until my return. I was on a furlough. I had requested that someone from HR contact me because when I was placed on furlough status my area manager was not knowledgeable on how it would effect my FMLA claim but told me I would be able to keep all of my benefits. I am not sure if what they did was entirely legal. This is not the first time they have given me a difficult time this is just the first time I have clear documentation.
1 Answer from Attorneys
Sounds like you could have a claim. I would call or email me privately so we can go through the details for you of your situation.