I been with the company for 7 yrs as Technical Supervisor (Management Position), had 7 projects running and employee to manage job is very stressful; I was on a job site then had a stroke last June 2015 in New York. I was hospitalized for a month, then returned home for recovery still under FMLA. On December 21, 2015 I received a call from my employer that they will terminate my position effective Jan. 1, 2016, while Im still in disability leave FMLA.
Even if you suffered your stroke on June 30th, you have still used up ALL your FMLA by now. Your employer is NOT required to hold your job open once your FMLA leave has expired.
IF you have a projected RTW date, you may be entitled to additional leave as a reasonable accommodation.
You need to talk to an employment law attorney in person to get definitive advice.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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