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  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default What Can a Worker Do After FMLA Leave is Exhausted

    My question involves employment and labor law for the state of:
    I was involved in a car accident on March 26, 2014. Hit from the back totaled my car. I have been under a doctors care and the MRI shows a herniated disk in my neck. I have done shits, therapy and acupuncture. He case is my fmla ends on June 20, 2914 and I have been referred to a surgeon. The dr received my MRI results today and will be out all week so I will not be able to see him until he is back. I contacted my HR to inform her and she basically stated to me hr can review and assess based on the current needs of the company. Please take care and hope all goes well. I'm very hurt behind this because I am currently receiving STD BUT if I can go back to work will I be fired? The procedure I have to have is one day and require 4-6 weeks recovery. Can someone assist me and please let me know what I can expect. Some say they can't let me go because I'm still under the doctor and some say different. Any help in this matter would be greatly appreciated.

    Thanks In Advance

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: FMLA Exhausted Not Sure What Happens Next

    Some say they can't let me go because I'm still under the doctor and some say different.
    the first some are correct.



    once your FMLA is exhausted, the employer has no obligation to retain you. They can but they don't have to.



    I have done shits, therapy and acupuncture.
    shits? Can you explain how that is therapeutic for the neck injury?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: FMLA Exhausted Not Sure What Happens Next

    I expect that we're talking about cortisone injections, or... shots.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: FMLA Exhausted Not Sure What Happens Next

    Quote Quoting Mr. Knowitall
    View Post
    I expect that we're talking about cortisone injections, or... shots.

    OOOOHhhhhhhhhh.

    I'm so embarrassed.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA Exhausted Not Sure What Happens Next

    It has nothing at all to do with whether you are still under a doctor's care. Once FMLA has expired, then barring a state law that expressly says otherwise (which is one reason we ask for your state...hint...hint....) your employer has no legal obligation to retain you. You could have a letter from Boris D. Lushniak, countersigned and notarized by Eric Holder, stating that you are medically unable to return to work, and it would still be legal for the employer to let you go. It makes no difference if you are still approved for STD or even LTD. STD and LTD do not provide job protection. FMLA does. When FMLA has run out, that's the ball game as far as job protection goes.

    That is not to say that all employers will fire you if you cannot return to work on week 13, day 1. My employer will keep you on for up to 2 years or even longer. But they CAN. And if they do, it's legal, with the qualifier I have already mentioned.

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