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Can My Employer fire me while on FMLA?

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

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.

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Attorney answers 1


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

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