Terminated After FMLA Was Exhausted

My question involves labor and employment law for the state of: Georgia

June of 2012 I was placed on FMLA and Short Term Disability. My company was aware that my return date was estimated to be Sept 2012. All the paperwork submitted by myself and my Physcians clearly indicated that date. My company had this information displayed on their internal system for me to view. My employer and the STD insurance are the came company. So there is no 3rd party involved. Even though my FMLA was exhausted my STD benefits were still continous and eligible. My supervisor called me on the day my FMLA was expired. He asked me how I was and informed me that he received an email advising him of my FMLA status. I told him I was still not medically released by my Doctor and I was waiting on further instruction on my STD eligibility. He said ok and hung up. On the 6th of September I recieved a letter from my employer stating I was terminated if I did not return to work by the 27th of August. The letter was postmarked and mailed the same day I was to return, the 27th of August. I did not receive this letter until after the date of my requested return. After I filed unemployment they sent me a second letter terminating my employment for the 13th of September.

My concern is after my ex employer clearly messed up, how can I be denied unemployment?

Once your FMLA is up, barring a CBA, they can terminate you.

if you are not capable of returning to work, you would not be eligible for UI until you are able to work.


The employer does not determine if you are given UI benefits. The state does.

Were you off work in excess of 12 weeks?

if your FMLA was exhausted, they do not have to continue your employment That is what FMLA is for.

If you have not been released by your doctor to return to work, then you will not be eligible for unemployment until you are. You should file, but be prepared to have to wait before you can collect benefits.

I'm not seeing where your employer "messed up". They are not required to hold your job after FMLA is exhausted, regardless of the status of your STD benefits. STD does not provide job protection - only FMLA does.

FMLA is leave. STD is how you get paid while you are on medical leave.

As I stated the company was aware that I was to return on 9-7 as my physician had indicated and they messed up with sending me a certified letter postmarked the very day they said I was to return. When they were notified of my unemployment claim they sent me another letter with another date.

- - - Updated - - -

Yes, I was off for 14 weeks and that was clearly indicated on the FMLA forms when the surgery was scheduled back in Feb of this year. I understand FMLA but my question is if they mail a certified letter stating you are to return to work on the 27th of August and they mail it to you on that very day how can I be proactive to keep my job.

as of Aug 27, had you exceeded 12 weeks of FMLA leave?


If not, as of Sept 13, had you exhausted 12 weeks of FMLA leave?

as of Aug 27 were you capable of returning to work?

as of Sept 13, were you capable of returning to work?


once you hit the 12 week mark, they are free to terminated you. They do not have to give you the opportunity to come back to work.

I exceeded by limit on the 23rd of August, however, I was not medically released until the 7th of September. Again, the employer mailed me a certified letter postmark on the 27th indicating if I did not return ON the 27th of August I would be terminated. I did not receive the letter until the first week of September. My question was if they clearly did not properly inform me then how can I be denied unemployment benefits?

Ok, as of Aug 24th, they could terminate your employment. While what they did sounds odd, it doesn't change the fact that they could terminate you as of Aug 24th.

this should not disqualify you for unemployment but since you have mentioned it 2 or 3 times; have you filed and been denied? If so, what was the reason for the denial.

Yes, denial due to properly being informed of FMLA and my return date.

Then you'll need to appeal. Yelling at us isn't going to change things.