QUESTION

While off work and under doctor care, both my FML and medical leave of absence ran out to time.

Asked on Oct 04th, 2014 on Wrongful Termination - Ohio
More details to this question:
So while I was off work on disability I received a call from a HR Rep advising I had to either resign my position or they would terminate me. Is this legal?
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1 ANSWER

Caregiver Discrimination Attorney serving Columbus, OH
Partner at Coffman Legal, LLC
3 Awards
Whether it is legal or not depends. Your job is only safe for the time protected under the FMLA. Your employer included additional time because it must have a policy allowing employees additional time for a medical leave of absence. If you only needed a finite amount of additional time off work (meaning you had a set date to return to work, then whether your employer should accommodate the additional leave falls under the reasonable accommodation analysis of the ADA). If you had no idea when you would return to work after your prolonged leave or the additional leave needed would be for a long time, then you may not have a claim. Contact an attorney to discuss further.   Ohio disability discrimination attorney www.mcoffmanlegal.com 
Answered on Oct 06th, 2014 at 8:29 AM

Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.

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