Can you get fired for missing workdue tosurgery after yourFMLA runs out?

UPDATED: Aug 20, 2011

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Can you get fired for missing workdue tosurgery after yourFMLA runs out?

My mom was given a 1 week notice to return to work after having surgery. Her doctor could not see her for 2 weeks so she asked for a 2 week extension to get the release back to work. Corporate denied a 2 week extension and fired her. Is there anything that she can do legally to get her job, seniority and medical benefits back? She is union.

Asked on August 20, 2011 Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for her.  If your mother is part of a union then she needs to seek help from from her union rep.  I am surprised that no one has stepped up to the plate here as it is.  There are two many facts that need to be addressed here to give you any real guidance but generally speaking, an employer can fire you after FMLA runs out.  Again, what I do not know here - the specifics of her medical leave; what, if any, the union contract states about the matter; etc., - is important in determining the guidance given.  So please, seek help from the union first.  And if they provide an attorney, from the attorney too.  Good luck.

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