I'm currently on a Leave of Absence due to Maternity. Since I haven't been employed for a full year I only get 30 days of Leave. I had to have a C-section and though my LOA ends on March 17th, my Dr. says I can't go back to work until April 7th bc of the C-Section. I'm being told by my HR rep that if I don't return back to work on March 17th when my LOA is up I will automatically be terminated even though I just had major abdominal surgery and I have a Dr.'s note saying I have to stay out. Isn't there anything that guarantees my job since I just had major surgery. I know there's nothing for maternity but can I really be fired even though my Dr. says I can't go back to work??

stressed,
Jessica

Your doctor doesn't get to determine your employer's leave obligations. If FMLA does not apply, you get only as much leave as your employer permits. If that is 30 days, then that is all you get. It stinks but it is legal.

If 30 days is the maximum amount of leave other employees in your situation (been with the employer less than a yr.) would get if off for a medical condition other than pregnancy (ie broken leg), than that is all the time you get. Even if your employer has enough employees for the Pregnancy Discrimination Act to apply, it only guarantees that you be treated the same way any other employee in a similar situation would be treated.