Family Medical Leave Act....Can I be terminated?

I have been out of work since the end of January because of medical issues and my doctor has sent a note to my employer stating that I am not to be released until June 11th to work.
My employer just sent me an email stating that if I do not return to work by April 22nd that I will be terminated. They said that I have used up the 12 weeks of the FMLA act. Is this legal? Do I have any rights? Even with a doctor's note due to my medical condition? Please let me know what rights I have.

I live in California.

I am a teacher. I have been out due to the complication from an abdominal surgery.

FMLA is different than disability leave. FMLA gives you 12 weeks, unpaid, and they have to hold your job. That's all. You don't have to be disabled to take FMLA.

If you are also disabled, you need to apply for any disability leave you are entitled to. If you have been receiving disability pay while you were out, you may not have any disability benefits remaining to you. It depends on what the employer offers and your disability insurance plan.

If you company has disability insurance you should be on that. Call a local lawyer and see if you have a case if they fire you.

Talk to an attorney immediately. As long as you are on medical leave, I don't see how they can terminate you. They can not pay you for your time off, but I believe they still have to hold a position for you until you are released by your doctor.

What an inconsiderate boss you have! Haven't they ever heard of temporary workers? Tell him to call the temp agency to get someone until you return to work... what an idiot!

Call an attorney... Good luck!

If your fired, you can get on un-employment.

However, go see your doctor, find out if you can go back on a conditional release.
If you can, your employer will have to make every effort to bring you back.
But once your re-instated you may end up being fired anyway.

Without the details of why your out of work, (back injury- depression- broken leg-) and what type of work you do, it's impossible to advise.

You may also want to get another doctors opinion, the time off given to you seems extra long, unless you recently had a child and got your doctor to order time off so you could spend time with your new baby.

If your doctor will not release you to return to work you should not work, send you Boss a letter stating that your medical condition does not allow you to return at this time, if they fire you contact EEOC it is a federal agency and you will be reinstated or receive a settlement because they are in violation.~

FMLA protects your job for only 12 weeks. I'm sorry, but this is legal. You may, however, qualify for unemployment. You should at least apply.

Good luck!

You have to look at it from the point of view of the employer. They have to run their company. I'm sure it's not a case of grievance with you, but they need to move on and get someone to do your job.

Once you're healthy, reapply to them for your job (or a similar job back)

There are a variety of conditions that affect FMLA and you. Go to this site & you'll find the law and who it applies to (employers and employees) and under what concitions and all the info you need.

http://www.dol.gov/esa/whd/fmla/

Good luck! You also need to ask your employer to get you COBRA info so you can see if you can hang on to your medical insurance so you don't lose that & end up in an even worse situation.

My heart goes out to you. I wish you the very best.

If you illness is job related, be sure to talk to a lawyer. If after reading the info at the above site, you feel your employer is not abiding by the law, talk to a lawyer.

yup, all the FMLA requires is that they hold your job for you for 12 weeks, thats it.