Comments on: No job for employee after medical leave: Is that legal? http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 -0400 http://wordpress.org/?v=abc hourly 1 By: Sam Narisi http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/comment-page-1/#comment-242 Sam Narisi Tue, 03 Jun 2008 20:55:29 +0000 http://www.hrlegalnews.com/?p=59#comment-242 Lynn, Letting an employee go after he or she has run out of the required amount of leave would not violate FMLA. However, there may cases where an employee's condition also qualifies as a disability under the Americans with Disabilities Act, and allowing extra time off would be a "reasonable accommodation" under the ADA. That's the only type of case I can think of in which leave beyond the 12 weeks would be legally protected. Sam Narisi Editor HRLegalNews.com Lynn,

Letting an employee go after he or she has run out of the required amount of leave would not violate FMLA.

However, there may cases where an employee’s condition also qualifies as a disability under the Americans with Disabilities Act, and allowing extra time off would be a “reasonable accommodation” under the ADA. That’s the only type of case I can think of in which leave beyond the 12 weeks would be legally protected.

Sam Narisi
Editor
HRLegalNews.com

]]> By: Lynn http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/comment-page-1/#comment-217 Lynn Wed, 28 May 2008 18:23:05 +0000 http://www.hrlegalnews.com/?p=59#comment-217 If an employee has exhausted FMLA and is still out on a leave of absence (after the 3 month FMLA period) can we let the employee go? Or if they come back after 6 months are they still entitled to the job they had prior to their leave? If an employee has exhausted FMLA and is still out on a leave of absence (after the 3 month FMLA period) can we let the employee go? Or if they come back after 6 months are they still entitled to the job they had prior to their leave?

]]> By: Sam Narisi http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/comment-page-1/#comment-182 Sam Narisi Thu, 22 May 2008 14:29:48 +0000 http://www.hrlegalnews.com/?p=59#comment-182 Tim, It's not really an absolute guarantee. If an employee was going to be let go anyway (for performance, or a reduction in force, for example) the fact that he or she took FMLA doesn't offer extra legal protection. However, it is often hard for a company to prove the leave had nothing to do with the decision, so most companies approach it extremely carefully. Sam Narisi Editor HRLegalNews.com Tim,

It’s not really an absolute guarantee. If an employee was going to be let go anyway (for performance, or a reduction in force, for example) the fact that he or she took FMLA doesn’t offer extra legal protection.

However, it is often hard for a company to prove the leave had nothing to do with the decision, so most companies approach it extremely carefully.

Sam Narisi
Editor
HRLegalNews.com

]]> By: Tina Horne http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/comment-page-1/#comment-177 Tina Horne Wed, 21 May 2008 18:06:02 +0000 http://www.hrlegalnews.com/?p=59#comment-177 I thought that FMLA was kind of a guarantee that an employee would be taken back, if not in the same position then in an equivalent position? I thought that FMLA was kind of a guarantee that an employee would be taken back, if not in the same position then in an equivalent position?

]]> By: FMLA law news update - April 21 : FMLA law Family Medical Leave Act update, Latest cases on FMLA Law http://www.hrlegalnews.com/no-job-for-employee-after-medical-leave-is-that-legal/comment-page-1/#comment-16 FMLA law news update - April 21 : FMLA law Family Medical Leave Act update, Latest cases on FMLA Law Mon, 21 Apr 2008 22:13:42 +0000 http://www.hrlegalnews.com/?p=59#comment-16 [...] No job for employee after medical leave: Is that legal? By Sam Narisi An employee takes FMLA leave. Her duties are shared by the rest of the department, and her supervisor decides they really don’t need her anymore. Can the company lay her off? The answer, according to a federal court in Georgia, is “no. … FMLA Still Needed To Protect Me After Going Back 4 Hrs Day LD? By Mom I started back LD 4 hours a day on 4/14, the day I handed in my FMLA form that the ER asked me to. Now the benefits specialist has said that since I’m back part time, there is no need for her to turn in the FMLA form. Is this correct? … [...] [...] No job for employee after medical leave: Is that legal? By Sam Narisi An employee takes FMLA leave. Her duties are shared by the rest of the department, and her supervisor decides they really don’t need her anymore. Can the company lay her off? The answer, according to a federal court in Georgia, is “no. … FMLA Still Needed To Protect Me After Going Back 4 Hrs Day LD? By Mom I started back LD 4 hours a day on 4/14, the day I handed in my FMLA form that the ER asked me to. Now the benefits specialist has said that since I’m back part time, there is no need for her to turn in the FMLA form. Is this correct? … [...]

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