More details to this question:
Suffer back injury in 2014, that was not job related. I was out for 4 months on FMILA, which was requested by my employer. Doctors have now determined that i need back surgery, but my employer is saying i only have 3 weeks left on FMILA and if i don't return within 3 weeks after surgery i will be terminated for failure to return to work. Doctors say i have to be out of work for 10 week. I leave in NC, my employer's corporate office is located in VA Can they terminate me?
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FMLA guarantees covered employees up to 12 weeks of leave to deal with serious health conditions. If the employee is not ready to return to work at the end of the 12 weeks, the employer can fire the employee. If you work in North Carolina, you will only have the protection of the FMLA as North Carolina has no employee leave protections. If you work in Virginia, there might be leave laws in that state that provide further protections.
Answered on Mar 14th, 2015 at 3:04 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.