Can I be terminated?

What is the name of your state (only U.S. law)? N.C.
I was assaulted in April 08 and had to be on half days at work until end of Sept 08(this did not happen at work). I used all my FMLA up during this time. Now on Dec 1 08 I had to have knee surgery due to this assault. Can my job terminate me if I am under a Drs. care and or short term disiblity?

Thanks Dianne

yes, NC is a right to work state

Right answer, wrong reason. "Right to work" has nothing to do with this. "Right to work" means you don't have to join a union to be employed at a unionized business.

Once your FMLA is used up, your employer is allowed to terminate you. They are not required to hold your job open indefinitely. Short term disability relates to income replacement, not job protection.

The key phrase is "short term." You've worked half days for five months, and now you're going to be out (how long?) due to knee surgery.

Is there anything you could do for them from home?

Depending on how long the knee surgery takes, I think they have a reasonable shot at terminating you without penality.

OMG right to work has nothing to do with it and at-will is only partially related. If you used up all of your FMLA time, and now have to go out again before 12 months have passed, they can legally terminate you.