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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default FMLA Ended-Long Term Disability and Fired

    My question involves labor and employment law for the state of: California.

    Will someone who has breast cancer who used up the FMLA and at the same time entered the long term disability benefits period lose disability benefits if they are forced to go to work in order to not be fired or can they go to work on Monday for a couple of weeks and then enter chemo and regain FMLA and disability?

    FMLA ended today......notification of come back on Monday or be fired came today....long term disability kicked in today.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: FMLA Ended-Long Term Disability and Fired

    You only get 12 weeks of job protected FMLA in any 12 month period. Once your 12 weeks have been used up, your job is no longer protected & you can be terminated. Even if you are terminated from your job doesn't mean your disability payments will stop if you are still disabled. Disability payments will continue as per your policy provisions.

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