Is it illegal to terminate a worker because they need an illness or disability, simply after their FMLA ended?”
The lawyer’s favorite answer: It depends.
for having more information at first go on workers' compensation audit
Situation #1: the worker has an illness or disabling condition that lasts longer than their available FMLA.
Legal.
Example: the worker has a period of obtainable paid leave, two weeks of holiday time, and is eligible for twelve extra weeks of unpaid FMLA leave, for a complete of sixteen weeks. The employee encompasses a serious medical condition that will need them to miss six months of labor. In this case, the worker doesn't have enough leave available to cover their entire six-month absence. If the worker isn't yet capable of returning to figure when their FMLA entitlement ends, the leader isn't required to hold their job open for them beyond the top of the FMLA claim.
Situation #2: The employee’s illness or disabling condition prevents them from performing the essential functions of their job.
Legal.
Example: the employee works as a tightrope walker. The employee develops a severe, and permanent, inner-ear condition that affects their equilibrium. the worker will not safely function as a tightrope walker. In this case, the employer isn't required to hold the job open for someone who can ne'er be able to return to the job. The employer may, however, be required to transfer the worker to another position that the worker is qualified, if any suitable vacancies exist.
Situation #3: The leader retaliates against the worker who took FMLA to leave because it’s {trying|making an attempt|attempting} to make an example of them and discourage other workers from taking FMLA to leave.
See more about this topic: Workers Comp Audit
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