Can My Employer fire me while on FMLA?

Asked over 3 years ago - Pennsauken, NJ

I was diagnosis with Leukemia in November of 2010 and applied for FMLA because I had to get further test and treatments done. My FMLA was approved doctor did not give a date but I was told to list a date, which was January 16, 2010 and it can be changed later if needed. Two weeks after that I applied for disability through the employers private insurance and was accepted. I continued to receive disability up until March of 2011. Finally my doctor told me I was able to come back and after contacting my employer I was told I have been terminated because I fail to follow guild lines. They said they sent me certified letters but they came back undelivered. What I want to know is this allowed? I thought since I was collecting disability the FML was n

Additional information

I also like to add that I am currently going through a workers comp lawsuit with this same employer they are aware of this and I do feel like they are trying to use my FMLA as a way to get back at me.

Attorney answers (1)

  1. John P Rowland

    Contributor Level 9

    Answered . Your issues are rather complicated. FMLA generally covers you for a 12 week period. It sounds like you may have run out of all FMLA time, however, if this is a workers comp related issue then the issue is more complex. You may have something here but more information is needed.

    John P. Rowland, Esq.
    (609) 296-0001

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,305 answers this week

2,843 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,305 answers this week

2,843 attorneys answering