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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Is Failure to Return at End of FMLA Leave a Resignation

    My question involves labor and employment law for the state of: In June I broke my foot, was put on FMLA,dr finally said i could go back to work on Weight Bearing as Tolerated restrictions, employer would not accept that, FMLA was up so they put me back on it FMLA as personal leave without pay, so I filed unemployment that was denied, here soon FMLA will be up, and they say that will mean self termination. What can I do

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is Failure to Return at End of FMLA Leave a Resignation

    Either find a way to go back to work, or find new employment. Once FMLA is up, your employer has no further obligation to return you to work; nor are they required to allow you back to work with restrictions if they have no work for you within those restrictions.

    NOTE: Once you are medically cleared to return to work without restrictions, you should at that time apply for UI again.

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Is Failure to Return at End of FMLA Leave a Resignation

    FMLA was up so they put me back on it FMLA as personal leave without pay, so I filed unemployment that was denied, That's because you weren't available for work.

    here soon FMLA will be up, and they say that will mean self termination. What can I do Your FMLA was already up some time ago. Your employer could have terminated your employment then but instead extended additional leave time to you, which they weren't required to do. If, at the end of the leave time they voluntarily extended to you, you're still not able to return to work without restrictions, then yes, they can fire you and apparently they will.

    If that happens and once you're fully available for work, you should apply for unemployment benefits again.

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