I have been off work on FMLA since March 16 2010. I had hand surgery on April 30 . I have keep in contact with my employer on a weekly bases as I was told by my supervisor to do. Upon my last visit to my Dr on June 9th for my 6 wks check up he agian keep me off work 4 more weeks. I went straight to my employer and turned this in . I was told by the HR Mgr. This was on Thur I recieved a message from her on Fri.and I returned her call on Mon. I was informed I had been terminated because my 12 weeks of FMLA had ran out, even though I was still under Dr.'s care .Is this legal ?
1 Answer from Attorneys
As a general rule, once you have exceeded your 12 weeks of FMLA leave, your employment is no longer protected. This means you can be fired for not being at work. There may be some exceptions, but from what you have written, none are apparent.