Can I be terminated if I’m currently on medical leave from my employer?

I had carpal tunnel release surgery done on both of my hands. The first surgery was done 3 months ago and the second 2 months ago. I went back to work about10 days ago but was only able to work 4 days. I was put on light duty by my doctor. My restrictions were no firm gripping with my left hand and no lifting more than 10 pounds with both hands. My direct manager assigned me to normal duties. My hand began to swell so I went back to my doctor and she gave me 2 more weeks off. I saw my doctor again today and she added an additional 2 weeks. I have let my manager know and she had a bad attitude about it.

Asked on February 3, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

At some point, if and when you use up all the leave you can take under FMLA and/or state leave laws, and also use up any paid time off you can use to cover absences, your employer can terminate you. An employer is not obligated to keep an employer who misses more work than he or has medical leave and/or paid time off to cover.


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