Can i be fired due to illness after being out on disability for six months?

Question

i had surgery in February, went back to work mid-march and now have been out since may due to complications. we may have found answers and treatment will begin early Sept. Must return mid september or lose job. Is this legal

Answer 1

Why not? How long is your boss supposed to pay to hold open a job that you may or may not be able to come back to? I am surprised that he kept it open this long. I wonder how much it cost him to do so?

Answer 2

yes they can....i was out of work on workers comp for almost 2 years and recently was told by my employer that i needed to come back to work, even though i wasnt medically cleared...i ended up resigning b/c i was told if i didnt return by a certain date specified by my "former" employer (a major computer corp) that i would be terminated....

Answer 3

Your boss has been very fair and I wouldn't complain.

However, you're looking for an option and you might explore the Americans with Disabilities Act if you are truly disabled. You may be afforded some protections in there. Remember, though, that if you force him to keep your job open through the ADA, you probably won't be particularly welcome when you come back to work.

It would be better if you left on good terms, explain your situation, and see if you are eligible for rehire if he has an opening if you return.

Answer 4

Sure is legal.  Sounds like your employer has been more than fair to you.  He has a job that needs doing now and since you are unable to do it, he must hire someone that is available.  Sorry.