What to do if I have been out of work on FMLA and was told by HR that my leave ends on Monday but since I’m still under a doctor’s care I am terminated?

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What to do if I have been out of work on FMLA and was told by HR that my leave ends on Monday but since I’m still under a doctor’s care I am terminated?

Ths leaves me without insurance, which I really need. Should I ask for some sort of severance package?

Asked on September 30, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have used up all your FMLA leave, you must do one of the following: 1) use any paid time off that you have (such as sick or vacation days) to cover any additional needed absence; 2) get your employer to agree, before you fail to show up for work, to let you have more time (they can voluntarily give you extra time, if they like); or 3) return to work. If you don't do one of these--if you just stay out of work without either employer permission or using paid time off--you can be fired; worse, you could potentially be fired "for cause" (for absenteeism) and denied unemployment compensation.

You can always ask for severance, but your employer  is not obligated to provide it: the law does not require severance.


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