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  1. #1

    Default Laid Off While On FMLA Leave

    I have been out on medical 3wks for knee surgery, my employer sent me info and stated they put me on FMLA, I gave them my release to go back to work last Mon. and now they are telling me that they don't have any work and I am going to be laid off. Do I have any rights ? the company is just sand bagging me. The construction indistury in Tx. is though.

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

    Default Re: Sw

    FMLA does not protect you from a termination that would have happened anyway. If there is no work and you would have been laid off if you had not gone on medical leave, then the fact that you were on FMLA does not protect you.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Laid Off While On FMLA Leave

    I agree. If the employee could have been legitimately fired or laid off had they not taken FMLA leave, an employer may fire or lay off the employee while he or she is on leave, ready to return from leave or has returned from leave. In such a situation, the employee has no right to continued leave, reinstatement, or continued employment.

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