Is it legal...?

[wannakno]

What is the name of your state (only U.S. law)? CA
I worked for a company for 10 1/2 months, did not quite make the 1250 hrs. I was hospitalize for 4 days, then taken out of work for 5 weeks on disibility per my doctor. I requested FML and was denied due to not enough time on the job. The benefits dept. at work told me I am considered terminated due to "job abandament". I informed all the reqired personnal of my absence immediately. Now I am due to return to work next Monday and no one will speak to me about my return, instead I feel they are stalling for some reason.Is it legal for my employer to term me while on medical leave and list job abandament as the reason?

 

[cbg]

Yes.

Since you did not qualify for FMLA, your employer was not obligated to hold your job. It is a myth that you are immune from termination as long as you are on medical leave - that only holds true if FMLA applies. There are no laws that dictate to the employer what they can and cannot list a termination as being for.

BTW, you did not qualify for FMLA on two counts; it's 1,250 hours AND 12 months employment, not 1,250 hours OR 12 months employment. This is Federal law; it is not the employer's opt.