Can you get laid off while on medical leave?

Can you get laid off when i am on medical leave?

  • Answer:

    According to the Family and Medical Leave Act (FMLA), you technically CAN get laid off if you are on medical leave, but ONLY IF the lay off was already in the works, or if you would have gotten laid of if you weren't on leave. The lay off cannot be because of the leave itself, however, and the employer must be able to prove that the lay off is for another legit reason. For example, if you were contracted to work for 4 weeks, but left on medical leave after 3 weeks and 6 days, you can be laid off, as it would have occurred anyways. Check to see if you are covered by the FMLA.

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