Employers that lack proper and comprehensive procedures for managing employee leaves are exposed to legal liability and damages. For example, if an employee is out on a medical leave of absence under the FMLA and is unable to return to work following the exhaustion of the maximum amount of leave afforded under the Act (12 weeks), the employer cannot automatically terminate the employee under certain circumstances. If the employee was out on medical leave due to a health condition that amounts to a disability, the employer's termination of the employee after exhausting the FMLA would violate the employer's reasonable accommodation obligations under the Americans with Disabilities Act (ADA). Our law firm has successfully represented multiple clients who have been wrongfully terminated under such circumstances described above.
Here is another example of an employer violating the law as a result of inadequate or improper employee leave policies. Let's say that the employer has an employee out on short term disability leave due to cancer and another employee out on leave due to a work-related injury. It would be illegal for the employer to allow the employee out on short term disability to return to work after the leave of absence but terminate the employee on leave because of a workplace injury. Such conduct by the employer would violate Connecticut law that prohibits employers from discriminating against employees who exercise their rights under the workers' compensation laws. Our firm has successfully represented clients who have been wrongfully terminated under such circumstances described above.
For the employee facing termination or potential termination while out on a leave of absence, it is important to fully understand your legal rights. In many instances, by retaining our attorneys before termination, we can prevent the termination from occurring.