Fired While on Medical Leave for a Stroke
An employee was on medical leave for a stroke. Five months later his employer contacted him and asked him if he was able to return to work. His doctor said he is not able to return to work. The employer then told him that if he was not cleared to return to work within two weeks, he would be terminated from his job. Can the employer do that?
Re: Fired While on Medical Leave for a Stroke
Yes, the employer can do that. Job protections under the FMLA last for a maximum of twelve weeks, and no state offers medical leave protections that extend for five months. Having exhausted his protected leave (and then some) the employee was no longer entitled to have the employer hold a job for him.