I have worked as a permanent part time employee for over a year at my current position. I have had nearly three months off leave without pay due to mental health issues (sick certificate provided for the entire time), with three weeks of paid annual leave (which was previously booked) paid this week. I was due to return to work today, but when I realised that I was unable to do so, I messaged my manager to tell them. They replied to say that this was fine. I was then contacted by my HR manager to say that if I didn't return to work next week, I would be fired. Their understanding is that after 3 months leave without pay, they are in a legal position to terminate me.
Is this legal? A friend has since told me that this maximum 3 months rule does not apply if the sick leave is due to a disability (ie mental health issues). Please note that I do not receive federal disability payments. While I understand their needs as an employer, I feel that their decision is also unethical.
I have to let them know by tomorrow whether or not I will be returning. On the one hand, I'd like to tell them that they have the law wrong (if my info about the disability aspect is correct) and ask for the option to decide in January. On the other hand, I don't know if I can cope with having the prospect of returning to work hanging over my head until January.
Is this legal? A friend has since told me that this maximum 3 months rule does not apply if the sick leave is due to a disability (ie mental health issues). Please note that I do not receive federal disability payments. While I understand their needs as an employer, I feel that their decision is also unethical.
I have to let them know by tomorrow whether or not I will be returning. On the one hand, I'd like to tell them that they have the law wrong (if my info about the disability aspect is correct) and ask for the option to decide in January. On the other hand, I don't know if I can cope with having the prospect of returning to work hanging over my head until January.
