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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Can Someone Be Terminated Without Notice While on FMLA

    My question involves labor and employment law for the state of: Georgia
    I have been out on FMLA due to open heart surgery with multiple complications and have been hospitalized 7 times. Was able to return to wok for one week and one day back in September. I just found out on Wednesday November 26,2014 when I turned in a second set of FMLA paperwork that I had actually been terminated as of November 21,2014 due to having used my 12 weeks of FMLA. The company gave me no notice of termination either verbal or written, until after it was done. They also cancelled my insurance with my termination (also without notifying me). Is it legal for the company to this without even letting me know? All appropriate paperwork was turned in to the company. I went into the office with a note to return to work at full status, from both my medical doctor and my cardiologist, which they accepted, but would not allow me to return to work. I believe I had extenuating circumstances , considering all this heart related. What are my legal rights?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can Someone Be Termintaed Without Notice While on FMLA

    Standby for more input, but if you've used up all of your FMLA they can fire you the day after it ends.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can Someone Be Termintaed Without Notice While on FMLA

    At a minimum, you've been fired, so go file for unemployment.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can Someone Be Termintaed Without Notice While on FMLA

    Whether you can or not depends.

    Under the law, you are entitled to 12 weeks of FMLA per 12 month period. NOT per condition - per 12 month period. There are several different ways of counting the 12 month period, all of them legal.

    If you had already used your 12 weeks of FMLA in the 12 month period counted as your employer counts it, then you are not entitled to any more, no matter how valid your need for additional time. There is no "extenuating circumstances" clause in the law. The employer MAY give you more time than the 12 weeks, but he is not REQUIRED to.

    No notice is required before a termination. Health insurance MUST be cancelled as evidenced by the terms and conditions of the policy.

    - - - Updated - - -

    Quote Quoting llworking
    View Post
    Cancelling your insurance without notification and without offering COBRA may very well have been illegal.
    The employer has up to 44 days to offer COBRA under the law. There isn't any requirement of pre-notification of cancellation. IF (and I do not know this to be the case, but it sounds reasonable based on the poster's description, it is legal, and it is very, very common) health insurance ends on the last day of employment, then the employer MUST term insurance on the last day of employment. They are required to follow the policy.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can Someone Be Terminated Without Notice While on FMLA

    Quote Quoting Ga Nurse
    View Post
    My question involves labor and employment law for the state of: Georgia
    I have been out on FMLA due to open heart surgery with multiple complications and have been hospitalized 7 times. Was able to return to wok for one week and one day back in September. I just found out on Wednesday November 26,2014 when I turned in a second set of FMLA paperwork that I had actually been terminated as of November 21,2014 due to having used my 12 weeks of FMLA. The company gave me no notice of termination either verbal or written, until after it was done. They also cancelled my insurance with my termination (also without notifying me). Is it legal for the company to this without even letting me know? All appropriate paperwork was turned in to the company. I went into the office with a note to return to work at full status, from both my medical doctor and my cardiologist, which they accepted, but would not allow me to return to work. I believe I had extenuating circumstances , considering all this heart related. What are my legal rights?
    Cancelling your insurance without notification and without offering COBRA may very well have been illegal.

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