Employer terminated me when FMLA ran out.

I was terminated from my job the day after my FMLA expired 5/8/17. I filed for unemployment once I was released to work 10/17/18with restrictions. I had a stroke after colon surgery 2/8/17. Unemployment denied my claim stating that I left my job due to medical reasons. I did not quit my job. My employer terminated me. What can I do to obtain benefits.

Asked on October 26, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you missed work after your FMLA leave ran out without having and using earned paid time off (PTO) to cover all such absences, you may legally be terminated. FMLA is the only time you are legally entitled to miss work for medical reasons (other than when you use any sick or vacation days your earned for the purpose). So if you missed work after using up FMLA and without using PTO for the absence, you may be terminated. And since you would be terminated for being absent (not returning to work), you would not be eligible for unemployment: you were terminated due to your actions in not returning to work, and that makes you ineligible for benefits.


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