If I was cleared to go back to work after being out due to a heart attack but my job was terminated, what amI to do?

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If I was cleared to go back to work after being out due to a heart attack but my job was terminated, what amI to do?

I was working for a temp service after almost 1 year I had heart attack. I was released back from doctor back to full capacity but the temp service didn’t inform me that my assignment had ended. I found this out after I had called. The contractor through the temp service says they were awaiting for me to return. Possible for me to get hired on directly on with the company.

Asked on January 17, 2012 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not make employers hold jobs or positions for employees who are out due to sickness or illness, unless the employer and employee both qualify to be covered under the Family and Medical Leave Act (FMLA) and the employee takes FMLA leave--and even then, FMLA leave is only for a maximum of 3 months.

Furthermore, in terms of temp assignments, the client company is not required to keep a temp position open even for FMLA leave--if the assignment would naturally or normally end prior to the expiration of leave, that is not illegal.

Therefore, from what you write, you probably do not have any recourse--when the temp assignment ends, it ends, and the client does not have to keep what was always intended to be a short-term assignment open under any circumstances, even if you had qualified for and taken FMLA leave.


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