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Termination while on FMLA and LTD Minnesota

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  • Termination while on FMLA and LTD Minnesota

    Can my employer terminate me while I am on FMLA and part time LTD?

    Should a severance proposal consider only hours not covered by LTD?

    Thanks

  • #2
    LTD is not part of the equation - LTD does not provide any job protection. Only FMLA does that. Yes, you can be fired while on LTD.

    FMLA protects you from losing your job BECAUSE you took FMLA. It does not protect you from a termination that would have occurred whether you took FMLA or not. So yes, you CAN be fired while on FMLA, as well. You will have to provide more detail as to your circumstances before we can offer an opinion as to your specific situation. If you were terminated as part of a larger layoff, that's entirely legal unless you have proof sufficient for a court of law that the SOLE reason you were selected for layoff is that you had taken FMLA. And make no mistake, the burden of proof is yours.

    No Federal law and no law in Minnesota, or the very large majority of states, addresses severance or even requires severance. It's entirely up to the employer whether to offer severance at all, let alone what it covers.

    All of this assumes that no legally binding and enforceable contract or CBA expressly and in so many words says otherwise.

    Alice, I just went back and looked at your previous posts. You referenced being out on FMLA last fall. Assuming that you have been out consistently and not intermittently, even if we assume that the day you first posted about your FMLA was your very first day out, your FMLA leave is up by now. You are entitled to up to 12 weeks of FMLA in a 12 month period, and it's been more than 12 weeks since you first asked about this. If you've used 12 weeks of FMLA, then yes, you unquestionably can be fired. On week 13, day 1, your employer has no further obligation to hold your job any longer. While it's not impossible, it's not likely that you would be on LTD if you were on intermittent FMLA.

    So if any of my assumptions are incorrect, please let us know. Otherwise, I think it's a safe bet that your employer may legally term your employment.
    Last edited by cbg; 02-14-2016, 02:42 PM.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thanks cbg. You saw correctly that I was on FMLA last year. I was not sure what to expect, come 2016, but my employer renewed my fmla designation (to use a quick way to explain my current state).

      If I were to be offered a severance package in my current position of working part time and receiving ltd for the remaining hours, would it be general practice to consider my full time schedule in proposed consideration?

      Once I were to receive the proposal to evaluate, is the 21 day (I'm over 40) period covered by ltd or would I lose those wages?

      Comment


      • #4
        If I were to be offered a severance package in my current position of working part time and receiving ltd for the remaining hours, would it be general practice to consider my full time schedule in proposed consideration?

        It is entirely up to your employer whether to offer you any severance. It is entirely up to your employer what to consider in evaluating the package. It does not make one whit of difference what "general practice" is.


        Once I were to receive the proposal to evaluate, is the 21 day (I'm over 40) period covered by ltd or would I lose those wages?


        That is determined by your LTD policy, which I have not read.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

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