You are correct that your job can be given to someone else if you are unable to return at the end of your FMLA leave. And yes, you can be terminated at that point.
You want to check to see if you still have any STD leave, since the normally runs concurrent with FMLA (which is unpaid).
If you are terminated, your employer has to advise you of the availability of COBRA benefits.
If you want to follow up, please identify your questions in the subject line as being for “Counselor.” Although it’s not required by any means, a bonus (tip) is always appreciated if you find the answer helpful. I would also appreciate any feedback you can give me to improve the quality of my answers.Counselor
Counselor, your answer covers most of my question.
One last detail isn't clear to me - my original letter from STD insurance said that I had up to 26 weeks of STD coverage. The FMLA is only 12 weeks long. If I do not return and they terminate me, can they legally force the STD insurance company (an independent 3rd party) to stop paying me ?
Although my answer may be affected by the specific terms of your STD policy, in general, you are entitled to the STD even after you are terminated -- until you are no longer disabled.
Hope that helps.
Final question for Counselor,
Thank You.
I really don't care if they terminate my employment. I can never work in a hostile environment like that again.
Your answer at a minimum strenghtens my resolve to argue with them if they attempt to cancel my STD before the doctors indicate I am able to work again - anywhere.
One last variable and I'll happily approve the answer.
IF they do actually terminate me for not returning after the FMLA runs out, am I still eligible to file for unemployment benefits ?
As longas you are unemployed for no fault of your own, you are eligible for unemployment. If you are terminated because you have used all your available leave and are still medically unable to return to work, you would be entitled to unemployment once you are physically able to work. You can only collect unemployment for weeks in which you are available for and able to work.
Lawyer
Practicing Employment & Labor Law Attorney