Can Your Employer Let You Go While You Are On Medical Disability
A California employee is on medical disability and is receiving LTD benefits following a hip replacement. Four months into her leave, she was informed by her employer that they are no longer holding her job. Can she be terminated while on medical leave?
Re: Can Your Employer Let You Go While You Are On Medical Disability
Yes. Her protected period of leave under the FMLA is twelve weeks. Her employer held her job for considerably longer than it was required to do so, but does not have to continue to voluntarily hold her job for her. (If there are additional facts or contracts that the employee believes may affect the employer's duty, she can share those facts or discuss them with an employment lawyer.)