Employment Law Questions? Ask an Employment Lawyer.
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The only limitation will be if you have a written employment policy in place that would grant her protected medical leave in this situation. Assuming that you don't, you can legally replace her with another employee and lay her off, because she does not qualify for any protection of her job.
In short, you can lay her off, or set any condition up to and including termination on her, and she would not have any recourse. THat's entirely up to you.
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Thank you. That does clear things up quite a bit. So what you are saying is that it is entirely up to us if we want to replace her if we think that our business will be adversely affected by her prolonged absence without worrying about any legal issues.
Yes, that's correct.
Thank you so much. I will certainly give you the highest rating.
Again, she does not have any law that would protect her from her absence from work (because FMLA, the law that would protect her, does not apply with less than 50 employees.
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