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At what point can we terminate an employee during a prolonged medical leave?

03/02/2015

Q: “We have an employee who has been on workers’ compensation for nine months. He has requested that his fractured ankle be operated on. Our HR associate wants to terminate him on the grounds that after the operation he would have been on FMLA for over a year. We realize the employee would still be carried by our insurer. Can we legally terminate an employee on workers’ compensation after a year’s medical leave?” – Vincent, Louisiana

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