i have been off due to a illness my job has informed me that i have 2 weeks left on my fmla and i just found out on friday that i have to have brain surgery and i will be out for an additional 4 months they want me to ask for a contengent leave of abscense and they said that means once im released to come back to work if there is a suttuble position availible i can come back but if not i can re apply at a later time i want to know if they can just do that and ive been there for 6 yrs. and i want to know what can i do about it.
1 Answer from Attorneys
This is a question about FMLA, not disability discrimination. However, the bottom line is that the employer's responsibilities to keep a job open are generally under the FMLA if it applies. There is generally no obligation beyond that to keep job open.