FLMA vs. STD
 

I am on Short Term Disability leave, which is approved for 16 weeks.

But under Family Medical Leave Act, an employer only has to keep your position for you for 12 weeks.

So, can they just fire me after 12 weeks? I hear the answer is yes.

Ugh.

I was on work comp, but used some FMLA too.didn't really understand all that... they held my employment for a year, before terminating.

I think part of it for me was they couldn't term me till wc claim was settled, but not sure..:confused:

I was a long time employee (15 yrs) in good standing til injuries hit.

I started writing back...but lost the post. So, I hope I don't 'double' post.

Anyways, technically they don't have to hold your job after 12 weeks. But its my understanding that they also must have a more 'justified' reason for letting you go, like general budget cuts (where many positions are laid off) or company restructuring (they resign that role within the company).

I don't think its as easy as just letting you go on week 13 -- b/c they can and then simply replacing you with someone else.

When my issue first started, I was out for over a year. My company held my job and I came back...and I still work there now...

If they know you are definitely planning on coming back at week 16 - most companies will accomodate that....

hope your recovery is going well....