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rocky01

FMLA

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Is it legal to threaten a person while on FMLA, that if they don't return to work once there 12 weeks has expired, that they will be terminated? My husband was let go after his time ran out, even though he was still physically unable to return to work. Would Americans with Disabilities Act been the next step? He did not suffer a permanent disability, just a lengthy healing period.

This FMLA is not a fair program. My Husband was a devoted hard working person for this company, four months short of 20 years. He got very sick, and relied on this FMLA to carry him through. But the Employer still let him go. There needs to be some type of protection for these people who are now displaced, because now all Employers worldwide have the leverage to terminate these people irregardless of Dr' statements. Unions don't help either! If it's not in their contracts, too bad for you then.

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Before FMLA was enacted, there was no protection. Some is better than none. FMLA only protects your job for 12 weeks. If you can't return to work at the end of those 12 weeks, the employer can terminate you.

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"Is it legal to threaten a person while on FMLA, that if they don't return to work once there 12 weeks has expired, that they will be terminated?"

You can call it "threaten[ing]", but the employer's entitled to let you go for being gone after 12 weeks.

"Would Americans with Disabilities Act been the next step?"

The ADA wouldn't be relevant here (it doesn't prevent the employer from firing someone for being gone longer than the law allows)

"This FMLA is not a fair program."

You may not think it's fair, but 12 weeks is certainly better than no protection whatsoever and a lot of folks rely on it. Obviously, we can't worry about "worldwide" (and you shouldn't either).

Note that on the off-chance your employer's husband has been laying folks off, it may not understand that it could have laid off your husband despite his being on FMLA. (You can be let go in spite of being on FMLA, just not because of being out on FMLA.)

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