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Given a passage and a query based on the passage, generate an unambiguous, concise and simple answer to the query from information in the passage. Note that the answer may not be present in exact form.

While out on a long term injury under work comp, I was notified that FMLA was being imposed on me. I thought that FMLA was an employee benefit, now it may be used as an employer weapon. A 4 to 6 week injury under work comp can easily turn into a 12 week, loss of job. As you can see, a decision to terminate any employee while on a medical leave of absence is a complex one that can involve the interplay of multiple laws and consideration of a myriad of different facts and circumstances. Yes, companies can fire an employee who's on intermittent FMLA leave. Despite the fears of many employers, FMLA doesn't confer some kind of special dispensation for workers who exercise their leave rights. Obviously, workers can't be fired for taking leave. But employers can lay off, discipline and terminate those employees who violate company policies or perform poorly. When an employee on FMLA leave is terminated, the DOL decrees that the burden's on the employer to prove the worker would have been disciplined or terminated regardless of the leave request or usage. Reductions in force When the clerk was fired two weeks before she was to return to work, she sued her employer for violating her rights under FMLA. The employer argued that the clerk was fired for failing to perform her duties, and that she wasn't entitled to special protection under FMLA law. A court found in favor of the clerk. She had many years of service, her employer failed to formally discipline her for earlier lapses and her job description had no emphasis on training. To avoid a claim that the employer discriminated against the employee, or that the employer interfered with the individual's rights under the FMLA, the employer must be able to show that the employee would have been terminated even if that individual had not taken medical leave. If, after seven (7) calendar days the identified deficiencies have not been resolved, the request for leave will be denied. C. Pay Status While on Non-FMLA Medical Leave. An employee who is taking Non-FMLA Medical Leave must use all accrued time off banks prior to being placed in an unpaid leave status. Examples of such reasons from relevant caselaw include the following: 1 If an employee would have been terminated regardless of FMLA leave because of poor performance, then the employee may be terminated before, during or after FMLA leave. See Richmond v. Oneok (1997); and. If, prior to the leave, an employee fails to meet the goals of a corrective action program designed to improve performance, then the employee may be terminated upon return from FMLA leave. See Hubbard v. Blue Cross Blue Shield Assoc. (1998). How you handle such requests for extra time can make the difference between an appreciative employee and a messy lawsuit. Quick-trigger firings after FMLA leave have led to an increasing amount of ADA claims. Advice: Have a clear HR process for handling requests for leave after FMLA runs out. To decide if you must grant additional leave as an ADA accommodation, first determine whether the person's condition qualifies as a disability under the ADA. Then see if the employee's certification includes a return date. First, the 12 months of service do not have to be continuous or consecutive; all of the time you've worked for the employer is counted. You can leave and then return, but you still must have worked 1,250 hours in the past 12 months to qualify (unless you are a military reservist returning from active duty). The Family and Medical Leave Act (FMLA) of 1993 allows employees to take reasonable unpaid leave for certain family and medical reasons. It can provide up to 12 weeks of unpaid, job-protected leave per year, and also requires that the employee's group health benefits be maintained during the leave. Query: how long after fmla can you be terminated
Output:
It takes 12 weeks after the Family and Medical Leave Act can you be terminated.