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Medical leave, possible termination and no severance pay

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nystar

Guest
What is the name of your state?What is the name of your state? New York
I work for a Fortune 100 company for the past 21 years and currently hold a senior level position. I have been on medical disability leave for the past 6 months. Recently I got a call from HR informing me that when I come back to work, I will have 30 days to find a new job, and if I do not find a new job I will be terminated me without a severance package. I asked why would they not give me a severance package, the response was “my position is NOT being eliminated” and therefore I do not qualify for a severance package.

Although I understand that since I’ve been on FMLA leave they are not obligated to give me my job or any job, the question is why would they not give me a severance package? Do I have any recourse?

Just as an FYI, to the best of my knowledge, there is precedence within the company to give people severance packages if they are “asked” to leave the company.
Thank you.
 


Beth3

Senior Member
Your employer was only obligated to extend 12 weeks of medical leave to you under the FMLA. After that period of time has elapsed, they have no obligation to hold your job for you any longer or even reinstate you to work - they could have terminated your employment at that time had they wished to. They are not obligated to offer you severance pay under any laws. Apparently your employer's policy (which is voluntary on their part) is to provide severance pay only in a job elimination situation. You aren't being asked to leave.

Sorry but no, you have no recourse.
 
N

nystar

Guest
Do you know if, by law, the company is required to inform me in writing that if I do not come back to work during the FMLA period, they are not required to give me a job and/or have the right to terminate me?
 

Beth3

Senior Member
An employer has to inform their employees of their FMLA rights, which is done via required bulletin board postings in the workplace and the employee handbook if the employer opts to have an employee handbook.

They don't have to now provide you with a specific individual notice stating they have the right not to reinstate you and terminate your employment if that is your question.
 

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