I am still on restrictions per MD and have another appointment at the end of January. I have been told that due to the fact that I cannot preform my job with the restrictions I have been "administratively terminated" My job will be posted for a new hire , and should I decide to return to the company my application will be looked at favorably as I have been an "outstanding employee". I am 57 years old and have been with this company almost 9 years.
Employers generally are not required to allow employees time off work other than governmental service matters (jury duty, military). However, if your employer is covered by the FMLA and you are an eligible employee, the employer would be required to allow you upto 12 weeks of leave to deal with a serious health condition. If the FMLA applies, and you have not used your 12 weeks, you may have a legal claim.
Additionally, if you are covered by the Americans with Disabilities Act (I cannot tell without a lot more information), your employer may be required to provide a reasonable accomodation to allow you to work with your restrictions even if you are not able to come back 100%.
These are very complex legal claims/issues so you need to consult with an experienced employment attorney as soon as possible to fully discuss.
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