Employer using FMLA to wrongly terminate

[timphifer]

What is the name of your state (only U.S. law)? Texas
My wife was injured at work. She was covered under workers comp for the injury. She is still having problems and may require another surgery to fix the same problem which is still covered under workers comp. Now they are saying if she is out two more weeks her FMLA runs out and they will terminate her. She was never advised she was put on FMLA. Can they do this?

 

[cyjeff]

How much work has she missed?

No employer is required to hold onto your wife's job longer than 12 weeks per year.

 

[timphifer]

10 weeks with the initial injury.

 

[cbg]

As long as she receives the full 12 weeks allowed by law, yes, they can do that. See Ragsdale v. Wolverine.

 

[timphifer]

Don't they have to let her know she was put on FLMA?
They never told her that until yesterday. I thought this was something you had to sign up for.
Also, the reason she missed work was an injury while working.
She gets injured at work and this is how they repay her?

 

[cbg]

The case law I referenced, a US Supreme Court case from 2002, specifically states that as long as the employee receives all the time to which they are entitled, the lack of notice does not entitle the employee to additional time off.

FMLA is not something "you have to sign up for". If the employer, the employee and the medical condition all qualify under the statute, the employer MUST apply FMLA - it is not optional.

I understand that this is a work related injury; however, the law does not expand the amount of protected time off for work related injuries. They still have the legal right to terminate once FMLA expires, work related or not.

I'm not saying I approve of the employer's actions. I'm saying those actions are legal under the circumstances you have described.

 

[Betty]

If she is out longer than the 12 weeks & is terminated, once she is released from her dr. & is ready, willing & able to work (looking for work) she can apply for unemployment ins.