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Can my employer fire me after my 12 weeks of FMLA are exhausted?

Dallas, TX |

I was in a head on collision that broke my neck and my doctor says there is a good chance that my halo will not come off for another 3 months. They will not release me until then. I only have 2 weeks left under FMLA.

Attorney Answers 2


I am sorry to hear of your unfortunate situation. I hope that you are healing well. I trust that you have a personal injury lawyer to give you guidance on your legal rights as far as your collision goes. If not, get one, if the collision was the fault of the other driver. We handle these types of cases.

As far as the Family Medical Leave Act, you should contact an employment law attorney to give you legal advice as to your rights under FMLA.

Best Regards, Kevin

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at and Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at

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It really depends. An employer can't fire you in retaliation for taking FMLA leave... but an employer CAN terminate employment even while the employee is out on FMLA so long as it's not for that or some other illegal reason. An employer is not required to hold a position open for someone who is unable to return to work-- but that doesn't mean that the employer won't do so. It really depends on the employer, you, your work history, etc. If you can't return to work, you can't... unfortunately, it's not in your control. The loss of earnings could be part of your damages claim from the accident, assuming that fault lies at least in part with the other driver, or that you have disability or other insurance coverage. You should definitely be speaking to a personal injury lawyer in your area to help determine what your options are.

As for work, I'd advise explaining the situation to your employer, and that you want to return to work as soon as you are able. Hopefully your finances and support network are such that you can focus on getting better for now, and turn to the job situation once you are able.

Feel free to contact me if you want. Dan Knauth // 212-317-1200. Answers to questions are meant to be general only, are not intended to be legal advice and do not create an attorney-client relationship. Answers to questions are based on NY law, and the laws of other states may create different rights and obligations.

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