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Temination while under Doctor's Care

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Z

zbb

Guest
i work in missouri. i have been employed with the save company for over 6 years. for the past three months i have been on long term disability. prior to that i was on short term disability for three months. my family medial leave ends at the end of april. i am putting in for personal leave of absence as the doctor's do not feel that i am capable of returning to work at this time. can my employer refuse the personnel leave? can they terminate me while i am under doctor's care and they will not release me to return back to work? i know my job may not be procted under personnal leave -- but can they terminate me? is it better to be terminated then to quit for collectin unemployment.
 


cbg

I'm a Northern Girl
Yes, when your FMLA is up they can terminate you legally - whether they will or not is up to company policy and how badly they need to fill the position.

In most states, you can only collect unemployment if you are available for work
 

Beth3

Senior Member
zbb - yes, your employer can terminate you once your FML is exhausted, provided they don't have a company policy that guarantees you additional leave time.

If you are terminated and are medically disabled, you likely won't be able to collect UC benefits (you have to be physically capable of working) but your LTD payments should continue. Termination of employment shouldn't impact your LTD benefits, provided your initial "disability" occurred while you were still an employee, which it certainly appears it did.
 

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