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Fired while on Medical Leave

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  • Fired while on Medical Leave

    Melony, Georgia - I am (was) on short-term disability and told long-term disability was to start in a few days. Then I got a letter saying I was terminated for not returning to work on the same day my long-term started. Then I think well they must not talk to each other, so I will be ok, today I got a check for the 3 days of the week the Long-term started and ended. So is this right, can they do that?

  • #2
    re: Fired while on Medical Leave

    In this, I wish to inform you that your employer has a right to terminate you but there are restrictions on this termination process. In your case, if your organization is having more than 50 employees then your organization gets covered with FMLA and therefore you cannot be terminated in the manner in which you have been terminated. You can take up the case with the local state labor board. In Georgia it is unlawful to terminate employees who are covered under FMLA while they are on leave. An employee can become eligible for FMLA benefit if the employee has worked for employer for 12 months and he must have worked for 1,250 hours within the previous 12 months.

    AFF

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    • #3
      re: Fired while on Medical Leave

      Here is an informative web link that can answer many of your questions.

      Short and long term disability may be defined as different than the FMLA.

      AFSCME - The Family and Medical Leave Act (FMLA)

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