Termination while on Sick Leave

I have been off of work on approved disability/sick leave. My doctor requested an extension for leave and it was denied. We are currently appealing it - I'm still off work. A colleague said they may try to fire me. If this happens, do I have any legal ramifications, such as wrongful termination?

1 answer  |  asked Dec 22, 2007 2:35 PM [EST]  |  applies to Georgia

Answers (1)

j kl
Disability leave

There are two primary laws that protect covered employees on disability leave, the Americans with Disabilities Act and the Family and Medical Leave Act. Both have requirements for eligibility for the employer and the employee. For example, under the ADA, the employer must have 15 or more employees to be covered, and your leave must be for a legal disability and the leave must be a reasonable accommodation. Of course, almost every word in the prior sentence has a legal meaning based on the law itself, the regulations regarding the ADA and court decisions. Under the FMLA, a qualified employee (at least 12 months of employment and 1250 hours of work within the prior 12 months) may have up to 12 weeks of leave in a year for a qualifying medical condition, if the employer is covered (at least 50 employes within a 75 mile radius of where you worked). Either, both, or neither of these statutes may provide you a legal claim. Also, check your company's policies and handbooks to see if leave is covered and what is required.

posted by j kl  |  Dec 26, 2007 10:09 AM [EST]

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