Fox officially picked up "Empire" for a sixth season on Tuesday, but left the future of embattled co-star Jussie Smollett in doubt.

The return of the series, still among Fox's most-watched, was never in doubt, but Smollett's future was, after Chicago police accused him of staging a racist attack in January.

He wasn't fired. Instead, producer 20th Century Fox and the Fox network – now owned by separate companies – have decided to kick the can on a final decision to let the actor's legal and public-relations battles play out. But as it stands now, it's unlikely he'll return.

“By mutual agreement, the studio has negotiated an extension to Jussie Smollett’s option for season six, but at this time there are no plans for the character of Jamal to return to ‘Empire,’” producers said in a joint statement.

Actors are given contractual options for each season that typically require broadcast networks to guarantee them appearances by June. Fox wouldn't say when Smollett's extension expires, but the show is scheduled to resume production in midsummer.

After he was suspended from the series for this season's final two episodes, Smollett was written out of the show in last week's episode, in which Jamal married his boyfriend. Two more episodes remain, airing May 1 and 8.

Smollett has labeled the attack a hate crime, and said two men had assaulted him, shouted homophobic slurs and left him with a noose around his neck. But police say he manufactured the charges as a way to gain publicity, claiming he was unhappy with his pay on "Empire."

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The Cook County State’s Attorney’s office announced March 26 that it was dropping charges against Smollett, less than three weeks after he had been indicted for disorderly conduct for filing a false police report. As part of the deal, Smollett agreed to forfeit $10,000 that he put up in bond money to secure his release after his arrest.

Also:Chicago prosecutor Kim Foxx suggests race is involved in Jussie Smollett dismissal backlash

But while his co-stars have publicly supported him, and sent a letter to producers urging he stay on the show, others have been less welcoming. Among them: President Trump, who renewed his criticism this week at a rally, calling Smollett "a third-rate actor."