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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Does the FMLA give my employer a "loophole" to fire me if my

Resolved Question:

Does the FMLA give my employer a "loophole" to fire me if my disability lasts longer then twelve weeks? If they state that my position has been filled during that time can I be terminated?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.

Yes, unfortunately, your employer can terminate you and fill your position after your FMLA leave of 12 weeks expires if you are unable to return to work at that time.

However, if your employer actually fills your position while you are on FMLA protected leave, you can file a a complaint with the EEOC for discrimination for your use of FMLA protected leave.

You can file a complaint using the instructions available online here:
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