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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Be Terminated During FMLA Leave Due to Recovery Time

    An employee needed surgery and went out on FMLA-protected leave. Two weeks later the employer asked about the employee's ability to return to work. The employee said that the recovery time from the surgery was projected to be four to six months. A few days later the employer laid the employee off, well before the end of the employee's twelve weeks of FMLA leave. Is that legal?

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

    Default Re: Can You Be Terminated During FMLA Leave Due to Recovery Time

    When an employee states that he or she will not be able to return to work at the end of 12 weeks of FMLA leave, the employer can act in a manner consistent with the employee's statement. If the employee miscommunicated, and would be able to return to work within those twelve weeks, the employee should discuss the misstatement and resulting confusion with H.R.

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