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terminated while on temporary disability

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gigbit8

Junior Member
I live New Jersey ,I went on a temporary disability with a note from my Doctor. On June 21th, 2010 ...I Called The HMSHOST COMPANY last week, and I was told, I was terminated on the 29th of June, to my surprise. I spoke to the HR and he said he did not know about this.. I haven`t been able to get in touch with the union rep yet. Now remember, I went on disability on the 21st of June with a Doctors note. So my question is, can someone be terminated while on disability? What can I do?
 


pattytx

Senior Member
Are there are at least 50 employees working at your job location or within a 75-mile radius of your job location? If so, how long have you worked there? If at least one year, had you worked at least 1,250 hours in the twelve months immediately preceding your leave? The answers to all those questions must be yes in order for FMLA to be applicable. And, hort of FMLA leave, a doctor's note has no legal weight.

You may have other protections under your CBA, but we cannot know whether that is true or not; speak to your union rep.
 

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