Employment Law Questions? Ask an Employment Lawyer.
Hello there --
What type of leave did you take? FMLA leave or a bereavement leave? Also, do you have a written employment contract with this company.
With an employment contract, the terms of hiring and termination are set forth therein and if anything is not mentioned, then it falls to employment law. What that means is that you could be and probably are an employee at will if your employment contract does not address the means and methods and reasons for which they may terminate you from the employment. FMLA only covers you for up to 12 weeks of leave with the approval of a doctor and if you go beyond that the employer is entitled to either terminate your position or offer you something at a lower title and pay rate. So you should be careful with the FMLA leave and make sure that you do not go beyond that amount of time. It truly is up to you and your doctor regarding how long you are out on FMLA leave but if you are concerned about her moving in on your position then my suggestion is that you try to get back to work sooner rather than later.
I hope this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be credited for my time assisting you today? THANK YOU VERY MUCH