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Termination At End Of Fmla

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brown52

Junior Member
What is the name of your state?GEORGIAWhat is the name of your state?GEORGIA

JAN 2005, I HAD SURGERY FOR A TORN ACHILLES. THE SURGERY LASTED 7 HOURS. AS A RESULT OF THIS INJURY THE DOC INFOMED ME THAT I WOULD BE OUT OF WORK FOR APPROX 6 MONTH. ONCE MY SHORT TERM DISABILITY ENDED I WAS CONTACTED BY MY COMPANIES INSURANCE CARRIER. THEY REQUESTED A RELEASE TO RETURN TO WORK OR STATEMENT AS TO WHY NOT. IT WAS PROVIDED. THE INSURANCE COMPANY WAS WORKING WITH MY EMPLOYER TO SEE IF AT ALL POSSIBLE THEY WOULD ALLOW ME TO RETURN TO WORK WITH SOME RESTRICTIONS FOR 25 HOURS A WEEK AND CONTINUE MY THERAPY. THE COMPANY WOULD NOT WORK WITH THE PROVIDER AND DECIDED TO TERMINATE MY EMPLOYMENT BECAUSE I DID NOT RETURN TO WORK AT THE END OF MY FMLA. MY QUESTION IS, ARE THEY ALLOWED TO TERMINATE YOUR EMPLOYMENT AS A RESULT OF YOUR INABILITY TO RETURN TO WORK IF YOU ARE NOT ABLE WITH IN THE 90 DAYS?
THANK YOU
 


Sockeye

Member
Unfortunatle once you have used your FMLA time they can. The only option that may be available but I'm not familier enough with it is the ADA.

If your injury does qualify for ADA then it's the comanies responsibility to provide you with reasonable accomadations to allow you to do your job. If in fact reasonable accomodations are not possible, then you can still be terminated.

I welcome further input by some of the sharpies we have on this board to provide more insight.
 

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