Mom fired while on medical leave

My mom has been out on medical leave since around July 2002. She is currently receiving long term disability payments, but recently recieved a letter from her employer stating that she had been terminated and that she could continue her medical coverage through COBRA. My question is, can she be fired while still under a doctor's care and not able to return to work?

2 answers  |  asked Feb 12, 2003 4:02 PM [EST]  |  applies to Texas

Answers (2)

Margaret A. Harris
Out on Medical Leave

To read about an employee's rights under the Family & Medical Leave Act, go to www.workplacefairness.org and click on "your rights" and then "leave." The law is explained in great detail there.

posted by Margaret A. Harris  |  Feb 13, 2003 6:01 PM [EST]
Trey Henderson
FMLA

The FMLA allows a person to take up to 90 days off for a serious illness. If your Mom has been out longer than that, the FMLA will not apply. The Americans With Disabilities Act holds that an employer cannot discriminate against an employee because she has a disability. However, the employee must be able to work. Since your Mom has been out so long, it will be tough to prove an ADA claim. Bottom line is this, if you are out on doctor's care for an extended period, the employer can usually fire you. I would suggest you go see a local attorney to get a more detailed answer.

posted by Trey Henderson  |  Feb 12, 2003 4:22 PM [EST]

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