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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.)

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