The EEOC has been challenging employers through the Americans with Disabilities Act who terminate an employee who has been off work beyond the 12 week FMLA period. The ADA and FMLA are different statutes and in some cases, an employer may be required to consider extending the leave for an employee, or at least not terminating them when they are off for medical reasons. Rather, the EEOC is asking that employers at least make it clear to the employee that they can and should reapply when they are able to return to work. This would not guarantee them a job if there are no openings, but they should be eligible and be considered for an open spot. You should meet with an employment law attorney and consider filing a charge wiith the EEOC
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