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Employment Law

If an employee has exhausted their 12 weeks of FMLA and have

Customer Question
no known date to return...
If an employee has exhausted their 12 weeks of FMLA and have no known date to return due to the illness, can employer terminate their employment? Employee has been put on the transplant list for a liver.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will, full time employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/30/2016
Employment Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,974
Experience: More than 30 years in legal practice.
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I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

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Employment Lawyer: Loren, Lawyer replied 10 months ago

Yes, so long as the termination is not discriminatory or based upon their use of FMLA, once the FMLA limit is reached the employee may be terminated. They are not protected from termination under FMLA after they use up the 12 weeks.

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Employment Lawyer: Loren, Lawyer replied 10 months ago

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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