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Pennsylvania - Fired from hospital

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  • Pennsylvania - Fired from hospital

    My mother was diagnosed with a brain tumor in Dec '05. In Jan '06, the surgery was done to remove the tumor. The hospital where the surgery took place is also the hospital where my mom worked for 2 years as a full time employee. Apr '06, she find out she has a staph infection in her head (on her brain and in the bone). She had to have surgery immediately to remove as much of the infection as possible, and the bone that was infected. Due to the swelling and time to create a custom plate for her skull, her final surgery was not until Aug '06. 3 days before her final surgery to put the plate in, she received a call from the hospital asking her to resign. She did not so they fired her. Was this legal?

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    If she was off work over 12 weeks last year because of the tumor prior to her being terminated, she would have used up her 12 weeks of FMLA protected job leave. (dx 12-05, final surgery 8-06) Therefore, it was not illegal for her employer to terminate her when they did since she could not yet return to work. It is up to the employer how much add'l. time (if any) they want to allow over the 12 wks. of FMLA.
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