Can you be fired it you are out of work on medical leave?

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Asked on April 29, 2017 under Employment Labor Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were covered by PTO (sick days or vacation time), the FMLA (the Family and Medical Leave Act), the ADA (Americans with Disabilities Act) or workers' comp, and you were fired for the sole reason that you were out (in other words, there was no other work related reason for your discharge), then your termination would be illegal. However, if you were not using any available PTO, etc. to cover your abscences, then your time out would be grounds for dismissal since attendance is typically a job requirement. That having been said, if your treatment constituted some form of legally actionable discrimination or if it violated the terms of a union agreement/employment contract, then it would be against the law.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were covered by PTO (sick days or vacation time), the FMLA (the Family and Medical Leave Act), the ADA (Americans with Disabilities Act) or workers' comp, and you were fired for the sole reason that you were out (in other words, there was no other work related reason for your discharge), then your termination would be illegal. However, if you were not using any available PTO, etc. to cover your abscences, then your time out would be grounds for dismissal since attendance is typically a job requirement. That having been said, if your treatment constituted some form of legally actionable discrimination or if it violated the terms of a union agreement/employment contract, then it would be against the law. 


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