is there a mistake

undefinedWhat is the name of your state?

New Jersey.
To make the story short, I have been on medical leave for 6 months ( as of January 28,2004). On May 21, 2004 I have received letter from my company stating, that they approve an additional 9 weeks of medical leave unttil July 28, 2004. On that day I show for work and was told, that my employment was terminated as of July 26,2004 beacose is been over 6 months. The question is did I went over six months or they just calculated wrong????
Should I return to work on the 27th or 28th was fine.
Any advise???

Why didn't you ask your employer ....

What was the last day you worked?
When you received the letter on 5-21-4 did it give a specific date or say 9 weeks from _______?
Did your doctor release you to return to work?

"The question is did I went over six months or they just calculated wrong????"

There's no possible way for us to know what was in their heads.

I CAN tell you that they are only OBLIGATED to provide you with 12 weeks of leave, TOTAL. Any additional time after that is entirely up to them.

undefined
My last day of work was January 27, 2004 and i become disable on January 28.
The letter states" we will approve additional 9 weeks of medical leave until July 28, 2004.
Doctor release me to go back to work on August 2, 2004, but when I contacted the HR Dept. I was told that I have to come back to work on the 28th. Apparently it was new hired temp end she did not know that my employement was terminated as of July 26

cbg. yes U are correct FMLA is only for 12 weeks, but they approved in writting additional time off. The company provides short term disability benefits for up to 6 months.

It is ENTIRELY possible for you to be terminated at the conclusion of your FMLA (or whatever time your employer wants to grant you) and still receive short and even long term disability benefits. STD and LTD benefits are NOT dependent on your continued employment, as long as you were employed at the time the benefits began.

I have seen people continue to receive LTD benefits 10 years after their employment ended. They are NOT obligated to keep you employed for the duration of your disability benefits.

That being said, it sounds as if your company offers a total of six months leave, and someone sent you an extension letter in error. If that is the case, the company is not obligated to honor the extension.

I know for sure, that the letter was not sent in error, so should they keep they promise???

Should they? Of course they should.

Are they legally obligated to? No, they are not.

so, there is nothing I could do. They right no matter what.

Thank you

I have got to think that with the letter stating that you had additional time that they should have to live up to it. I would go the the Equal Employment Oppertunity Commission (EEOC). Let them tell you what the law states in your state. They are there to help in cases like this. Don't give up yet.

The Equal Employment Opportunity Commission is a federal agency that deals with claims of prohibited discrimination. They would have nothing to do with this situation, nor do they enforce State employment laws - each State does that.

The ONLY possibility here is that this is a civil matter IF the letter can be construed to guarantee the additional leave time - which has not been established nor even what time periods the letter is referring to. The poster's employer had already provided twice the amount of leave time they were obligated to under the law however.

Thank you All very much.

Beth, wuld you think, that getting advise from attorney would be a good idea??
Not that I wan any lawsuit, but just for me to know.

It can't hurt. I suspect that since the company provided double the amount of leave time they were obligated to provide, there is nothing you can do but nobody here has seen the letter they sent you agreeing to provide additional leave time which is the critical piece of information.

Well, this is whati in the letter:
Dear Dorota:
"We are sorry to learn that you are unable to return to work following yout Family Medical Leave. Your 12-week FMLA entitlment within the past 12 months was exhausted as of May 18, 2004.
Altough you have currently exhausted your Family?Medical leave entitlment, we will approve an additional (9) weeks of medical leave until July 28, 2004.
If you are unable to return to work by July 28,2001, please notify HR by that day with supporting documentation from yout physician so that we may review your status."

I did contact HR on July 27 and was told to come to work an 28TH ( by HR rep, who is temorary, the manager was not at work). So I went to work and was told, that my employment was terminated as of July 26. Reason they gave me, was that I was absent for more than 6 months.
I do not agree with that, because 6 months will expire on 28th not on 26th. My first day that I was absent was January 28.
By the way letter terminating my employment was done on 28th.
What I would like to do , is to let them know, that they mixed up the days and try to lay me off instead firing.
What you think about that????