Legal Question in Medical Leave in Georgia

I went out on maternity leave in september 2010, I informed my manager that I was returning. MY doctor put me on bed rest a week before I was scheudled for matenity leave. I kept in contact with him, and he terminated me in October 2010 for job abondment. The separtion notice stated I returned to school but never returned to work.My six weeks wasn't up until October 28, and he terminated me on October 27. He terminated me before my six weeks were up. Is this legal, and do you think I will recieve unemployeement?


Asked on 11/10/10, 10:05 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Get a good lawyer. You may have a case versus the employer and a lawyer would need more details to assess that.

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Answered on 11/15/10, 10:34 am
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

If you were on an approved leave of absence under the Family and Medical Leave Act ("FMLA"), you are entitled to job protection for up to 12 weeks during that leave. By terminating you before that 12 weeks ran out, your employer may have violated your rights under the FMLA. With regard to unemployment, if you can show that your absence was for medical reasons and you properly notified your employer, you should be entitled to receive unemployment benefits. Since your employer has chosen to characterize it as job abandonment, however, you may need to appeal and have a hearing in order to prove this. I would recommend that you speak with an attorney, such as myself, specializing in employment law on the plaintiffs' side. If you are interested in a free consultation, please visit my website (see attached link) and complete the form to request one.

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Answered on 11/15/10, 10:41 am


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