Can an employer do this?

What is the name of your state?Kentucky

I have been employed with a company for seven years. I recently had a heart attack and had to take medical leave for six weeks. I was due to be released for work on 8-22-05.

However, on 8-12, I was called in to the office for a meeting and told that I no longer had a position-that I was being permantely layed off-knowing I was still on leave and was to have no stress during this leave period. My termination date was 8-12.

The employee manual I received states in it that your position or an equivalent position will be available for you upon return of medical leave.

There were six people in the office, one resigned, and the other four they kept over me all have less senority and three have been there for only one year or so. Also, the person they placed in my position was on the corporate payroll and is making more money than I was to do the same job.

Please advise if they can layoff me off before medical leave is even completed especially when their hiring manual states you will have a position when returning from leave.

Thank You.

That depends on the reason for the termination. Being on medical leave does NOT protect you from a termination that would have happened regardless of whether you took leave or not.

If your position would have been the one eliminated anyway, then they can still term you. They are not required to hold your job and term someone else SOLELY because you happened to be on leave at the time the layoffs occurred.

They are not required to use seniority as the determining criteria.

That being said, I have to admit it does look suspicious. But I'm at a loss to know where to send you. You don't qualify for FMLA with only 6 employees so there's no point sending you to the US DOL. Six employees is also too few to qualify for ADA protection or disability discrimination law under either Federal or state law so there's no sense suggesting you contact the EEOC or your state discrimination board.

I can only suggest that you contact a local attorney and see if any other state or local regulations may help you.