Question:
Can I be fired?

Okay, I'm back, I just have so many questions and I have found this web-site so informative. Well, my situation is this. I had my son last September and was on maternity leave for 6 months(paid), and now I have the Lap RNY done under FMLA, will they say "enough is enough", seeing how I will probably be out a couple of more months? Can they fire me over that?    — Tanya F. (posted on June 27, 2003)

June 27, 2003
If your employer is a "hire at will" they may be able to legally do so. However, if your surgery goes well, you should not need to take off anymore than a few weeks. Why don't you work with your employer to schedule the surgery at a time where they can afford to be without you? This would show them your willingness to work with them.
   — Cindy R.

June 27, 2003
I want to know how you got 6 months paid maternity leave? Who do you work for? Are there any openings? I'll move to Chicago!! Not that I'm planning any more kids (my "babies" (twins) will be 21 next month. But, man oh man, sounds like a great company. Anyway, if you did not use FMLA for your maternity leave and you can use it for this, you cannot be fired. That's what FMLA is all about. On the other hand, if they want to get rid of you, any excuse will do and there are lots of ways of doing that. However, if any of your maternity leave was considered FMLA you may have already used your 470 hours in a 12 month period. So you may have a problem. Boy, I'm a lot of help!!! Good luck.
   — Sunny S.

June 27, 2003
Unless you have complications (which we pray you won't) you should be out a couple of weeks not months. Good Luck!
   — Ponselle E.

June 28, 2003
I am a supv with the government and have had to deal with FMLA many times. It is an ENTITLEMENT given to us by President Clinton and if you have over a certain number of people working in your organization (not sure but thinking 50 - 100) it applies to everyone in the USA. It is not a courtesy given to you by management! You are ENTITLED to 12 wks of unpaid leave each year if you have worked 1250 hours in that year (including paid sick leave). If you were off for 6 months paid last year and have worked 1250 hrs with this company, you have a right to invoke FMLA. FMLA doesn't pay you while you are off, but it guarantees that you will have a job when you come back to work at the same pay and equal to the job you had when you went out. As far as only being off a few weeks with lap rny, I guess that is hard to determine since it is an indivdual thing and depends on how fast you heal, etc. Good luck to you!
   — Mylou52

June 28, 2003
http://www.dol.gov/elaws/fmla.htm
   — RebeccaP

June 29, 2003
Hi. I am in the HR profession, so I'll be glad to answer your question... FMLA allows you to take up to 12 weeks of leave (unpaid--unless your employer pays you or requires you to take your sick/vac leave) in a 12 month period. If they use 12 months rolling, then your 12 months would have started on the first day of your time off last September. After you have been off the 12 weeks, they are under no obligation to you. Within the 12 weeks, the employer also has the option of placing you in a different position when you return, as long as it has equal pay, benefits and responsibilities. In short, yes, they can terminate you IF your leave goes beyone the allowed 12 weeks. And keep in mind, it is 12 weeks all together, not 12 for maternity and another 12 for surgery. Good luck!
   — CindyOakes