QUESTION

Does an emoloyer have to notify you before termination while you are out under medical leave?

Asked on Aug 21st, 2013 on Wrongful Termination - North Carolina
More details to this question:
I was out Jan-Mar on FMLA with parents. Worked two days, blacked out on day off and sustained head injury. Went to personnel, worried over job. Was told not to worry, I had up to 6 months. (I had already explained about just returning from FMLA.) i wrongly thought my FMLA and new injury were considered separately. I gave my department regular updates following MD appointments regarding reports, and return to work updates.I received no communication from personnel. While still on medical leave, my position was terminated. I was not notified prior to termination. Had I known this information, I would have done everything in my power to return prior to termination. I now understand I was only allowed six months of medical leave, I just want to know if it was legal not to let me know prior to termination. I received a termination notice about a week after termination date.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
You are only entitled to job protection for medical leave under the FMLA which only provides 12 weeks of leave.  Once you have gone over 12 weeks of FMLA leave, the employer may lawfully terminate you. The only claim if you are over 12 weeks would be if the employer did not provide you with the appropriate notice about your FMLA.
Answered on Aug 23rd, 2013 at 6:58 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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