My husband has been off work on sick hurt leave do to a illness and is undergoing Chemo. He was relesed to go back to worki n 2 weeks but only partime and with restictions. Now his employer is telling him if he can not come back to work full time and perform his reguler job duties he will be termantied? Can they let him go like this? :confused:

How long total will he have been off work when he wants to return?

He Has been off Work since Sept 28,2005 going on his 4th month wants to return to work now. and has worked for this company for almost 5 years

In that case yes, his employer can require that he wait until he can come back full time with no restrictions. In fact, since he will have exceeded 12 weeks off they are not required to return him to work at all.