terminated while on fmla and short term disability

I am on fmla leave,while being paid short term disability.when i contacted my employer i was told i know longer have a job.was told that my contact where i worked at wanted to keep the new manager my employer put in my place when i went on leave.there hr offered me a 6 week seperation package.is that legal?

1 answer  |  asked Oct 31, 2002 1:03 PM [EST]  |  applies to Arkansas

Answers (1)

Holly Isaac
You should be back at work

If you were off for FMLA leave, then your employer is required to restore you to the position you held before you went on leave OR to put you in an equivalent position with equivalent benefits, pay, and other terms and conditions. If their purpose is they preferred the new employee, this is not a defense.

posted by Holly Isaac  |  Oct 31, 2002 4:43 PM [EST]

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