firing while on medical leave

[dmeyror]

What is the name of your state? Oregon. Is there any state or federal laws concerning firing an employee on medical leave?

 

[Beth3]

Sure, lots of them, including the federal Family and Medical Leave Act. Without knowing the speciric circumstances of a particular situation, it's impossible to comment whether firing someone on leave would be unlawful however.

 

[cbg]

It would, however, be safe to say as a blanket statement that it is legal to fire someone who is on medical leave, AS LONG AS, they have received all of whatever state and federally mandated leave they may have been entitled to. Nothing whatsoever in the law requires an employer to hold a job indefinitely.

Any further information will require additional details of the specific situation.

 

[Beth3]

Unless...misconduct the employee engaged in on the job was discovered after they started leave; the employee's business unit was closed down; the employee had fraudulently applied for leave or was using the leave time to work at a job elsewhere and the employer had a policy prohibiting that...

Never say never.

 

[cbg]

There are always exceptions. I'm only offering a general statement that covers most situations; not trying to offer a be-all-and-end-all solution. What I'm addressing is the general but mistaken belief that as long as an employee is on medical leave, they cannot be fired, period.

As we've both told the poster, we would have to know details to give any specifics on his/her situation.

 

[dmeyror]

Thanks for your answers, I don't know all the details, but Ill pass your info along.

 

[krispenstpeter]

Instead of passing along third-party information which CAN and probably WILL be misinterpreted, ask the affected party to come to this forum for DIRECT answers to DIRECT questions.