Can you get fired from work if your doctor says you can’t go?
A Reader Asks This Question:
I just had a cerclage placed, I have not been to work since sept 15. Now my dr. and specialist are saying I cannot go to work at all. Can I get fired for not going? Has this happened to anyone, and went back to work with no problems after?
Thanks!
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2 Responses to Can you get fired from work if your doctor says you can’t go?
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If you have used up your sick time or don’t have any left, you may qualify for FMLA. If you don’t qualify or have already used it up, you may qualify for short term disability. Some states mandate that employers participate in STD programs. Most states have enacted their own statutes to protect employees’ benefits and their jobs while out on disability.
If you get fired while out on FMLA or disability or shortly after returning to work from having been out, file a disability discrimination claim with the EEOC and/or your state labor board.
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The Family & Medical Leave Act (FMLA) allows ”eligible” employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition.
An “eligible” employee is an employee who has been employed by the employer for a least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite.
Your state may have better laws in place. Talk with the human resource person and go from there.