Short term Disability Termination

[Cooper2003]

What is the name of your state (only U.S. law)? Resident of New Jersey; a dear friend has brain cancer. She went out on short term disability (FMLA); her doctor told her and her company that she could return to work december 1, 2008 after 12 weeks of FMLA expired. She was then abruptly terminated. Does she have any recourse??

 

[cbg]

She is entitled under the law to 12 weeks of FMLA. Once the FMLA has expired, the employer does not have any legal obligation to return her to work.

BTW, STD is not leave; it is how you get paid while you are on leave.

My best wishes to your friend.

 

[ecmst12]

No, FMLA protected her job for 12 weeks and 12 weeks only. If she was out even one day more then 12 weeks, then she can be terminated.

However your post is confusing. Was she actually terminated BEFORE the 12 weeks were up, merely because she told them she would be out for more then 12 weeks? That would be technically prohibited, but I still think the only recourse would be that if somehow she was able to come back sooner then expected, before the time had expired, they would have to let her come back.