my wife has been on maternity leave for 6 weeks and her Dr. is out off the office for 2 weeks. Her boss wants her to come back now. But we really do not want her to go back to work untill she is released by the Dr. Can her employer legaly fire her.

not enough information. Is she currently on FMLA?

not enough information. Is she currently on FMLA?
what is a fmla? she works for a small clinic of about 7 employees. She only got paid her sick and vacation time.

fmla = Family and Medical Leave Act. It applies to employers with 50 or more employees.

Yes, your wife's boss can require her to return to work now and fire her if she refuses. They didn't have to offer her medical/maternity leave at all.

fmla = Family and Medical Leave Act. It applies to employers with 50 or more employees.

Yes, your wife's boss can require her to return to work now and fire her if she refuses. They didn't have to offer her medical/maternity leave at all.

Shes been there for 3 1/2 years. The doctor hasn't released her what if she gets hurt due to not being examined. There are heavy things she must lift. The Dr. Said not to lift anything heavier than the baby.

But with only seven employees, it doesn't matter how long she has been there; she is not entitled to any protected medical leave under Federal law, and Texas has no protected medical leave at all. The employer was under no obligation to provide her with ANY leave at all; they are not required by law to hold her job until her doctor returns from vacation.

Her doctor should have someone covering for him while he is away. Or, your wife could try her family doctor if she is concerned for her health. It may mean that she doesn't have a job if the doctor she sees says that she should not return.