Can I be laid off while on disability?
I'm short term disability in state of CA - been off work for 10 weeks. I work for a large company and was just notified by phone that my employment will be terminated upon my return next Monday (projected RTW date from my Dr.). But, my Dr. has not approved me yet to return to work. Can I extend my disability? I filed for MFLA thru employer for my original dates but the Dr. extended my absence and forgot to re-apply for FMLA. Although my letter from HR states that my FMLA leave continues through 12/15/09.
If you have a letter from HR that your FMLA leave runs through 12/15/2009, and you're terminated on Monday, 12/14/2009, you might very well have a good case against the employer. "We were only one day off" doesn't usually play too well in court, and most certainly not in a situation like this, where the statute is intended to protect you.
However, once your leave is up, so is the protection for your job. Once you return to work, you go back to being an employee "at will," and you can be fired without cause.