Legal Question in Medical Leave in Maryland

I was approved for FMLA/Medical leave with Short-term disability for back surgery. I even put-off my surgery so I could fulfill the needs of the project/contract I was on before I left. I came back to work before the 12 weeks was up but, since I work for a government contractor and ended-up on "overhead" because when I came back I wasn't on a project that would make my time "chargeable" I received a termination letter two days later. It gives me two weeks notice that I'm being let go. Normally, employees are "at will" but since I was out on approved FMLA can they still just dump me immediately upon return? Is there no grace period or anything like that?


Asked on 8/21/10, 10:28 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I would recommend that you hire a FMLA Maryland attorney to discuss the specifics of your case. The purpose of medical leave is so you can take the time you need without having to fear being laid off the minute you get back.

Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.******

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Answered on 8/26/10, 10:37 am
Paula McGill Attorney at Law

Of course, you need an FMLA lawyer. So, I'm not sure of the true purpose of the prior answer. It doesn't add anything to the discussion.

In any event, I am licensed in Maryland and handle these type cases. More information is needed regarding the letter you received from your employer. Also, I need the termination letter it gave you for unemployment. From the information you provided, you may have a claim for the employer's failure to return you to the same or similar position.

You are in Glen Burnie. My closest office to you is in downtown Baltimore.

300 E. Lombard Street

Baltimore, Maryland.

Please call me at (301)678-3725 or (770)367-1234.

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Answered on 8/26/10, 3:10 pm


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