Ask a Lawyer - Archive

Does an employer have the right to fire an employee if they were on the Family Medical Leave Act then short term disability?

The Family and Medical Leave Act (FMLA) requires that your employer hold your job for you while you are out on FMLA leave, or, if they can't hold your exact job, to put you in an equivalent job when you return to work. However, if you have exhausted all of your FMLA leave time and have gone on short term disability, there is no requirement that your employer hold your job for you. That means that your employer can fire you for being out of work if you have used up all of your FMLA leave time and you are still absent from work.