My employment was terminated because of temporary disability

I got injured outside work and I’m temporarily disable to do my work. I notify my
employer first day of my injury. Doctors told me at least 6-8 weeks before I can go
back to work. After 2 weeks I received a letter from my employer that he has to let
me go. Can you please let me know my rights.

Asked on April 18, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless your company is covered by FMLA (at least 50 employees within a 75-mile radius), you are eligible for it (worked there at least a year; have worked at least 1,250 hours in the last 12 months) and you applied for FMLA leave--or alternately, you had enough paid time off (PTO) you had accrued to cover your absence--you could be let go for this reason. Other than FMLA or very similar state laws, the law does not make an employer retain an employee who misses work or cannot work, even due to a medical reason, so without recourse to FMLA or PTO your absence, you may be terminated.


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