Your employer cannot terminate your position while you are on FMLA leave in retaliation for you taking or being on such leave. If your leave exhausted and you were still unable to return to your previous position and did not request a reasonable accommodation to be able to return, your job would no longer be protected.
I would be happy to discuss this in more detail with you if you would like, as each case is different and factually distinguishable from another.
Michael J. Davey, Esq.
Eckell Sparks Law Firm
344 West Front Street, Media, PA 19063
mdavey@eckellsparks.com (610) 565-3700
Answered on Aug 16th, 2012 at 4:36 PM