Largo, FL asked in Employment Law for Florida

Q: Can an employer force resignation or fire an employee after FMLA has been extinguished in the State of Florida?

We Live in Florida and my wife is high risk pregnancy. She is currently at week 20 and will have to be admitted to the hospital and use FMLA at week 23 through 33 of her pregnancy. Her HR director told her that she'd have to resign after 12 weeks of FMLA while in the Hospital. Is it legal to force a resignation or fire someone after FMLA has been extinguished in Florida? Are there any other laws or conditions that can hold a position for her? Or is her HR director correct saying this?

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1 Lawyer Answer

Alberto Naranjo Jr.

  • Miami Lakes, FL
  • Licensed in Florida

A: This is a very close call and depends on several factors. Contact an attorney to discuss. There is some chance that she can request more time.

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