If you’ve hospitalized for over a week and ill not be able to return for a couple of months, can you get fired over the phone?

Still in the hospital.

Asked on November 3, 2015 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can be fired if you can't return to work, unless 1) you have sufficient accrued sick or vacation days to cover your absence; or 2) your employer is covered by the Family and Medical Leave Act, you are eligible for it, you properly notified your employer that you were using FMLA leave, and you have not run out of FMLA leave. Otherwise, if you have been, are, or will be out for days not covered by paid time off or FMLA leave, your employer may terminate you; the law does not require employers to retain employees who cannot go to work. And you may be terminated over the phone; there is no requirement or in-person or on-site terminations.

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