TERMINATING AN EMPLOYEE ON MEDICAL LEAVE: TIMING IS EVERYTHING

Employees out on medical leave have a statutory right to job reinstatement upon returning from leave.  This does not mean that these employees are completely protected from any form of termination from employment. The general protection under the FMLA is not without exceptions, especially when information is discovered during the leave period that justifies terminating the employee.  The bottom line is that when contemplating termination of an employee out on medical leave, timing is everything.  

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