can a person be laid off while on medical leave

[jjlama]

What is the name of your state? california

 

[ecmst12]

If the person would have been laid off if he was working, then he can legally be laid off while on leave, even FMLA leave. For example, layoffs were needed and were done on a seniority basis, and the next person in line happens to be out on FMLA leave, he can still be laid off. But he can't be laid off BECAUSE he is on medical leave, or placed ahead of others in the line because he is on medical leave.

 

[cbg]

The short answer to your question is, yes, in some circumstances a person can legally be laid off while on medical leave. No law in any state says that being on medical leave is a guaranteed job protection indefinitely.

However, there are also circumstances where it is illegal to lay off an employee on medical leave.

So if you want to know whether or not you were legally or illegally laid off, you are going to have to provide us with some details.