After a health problem, can my employer replace me?

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After a health problem, can my employer replace me?

Was in the hospital 3 days, off work for 2 weeks, came back part time for a couple more weeks. Now I’m working as much as I can which is 32 hours a week, and my boss is replacing me with a 40 hour a week new employee. This started end of April, and new person replacing me starts on July 18 … and boss says if I stay and train my replacement, he’ll do right by me, but won’t say what that is.

Asked on July 13, 2016 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless FMLA applies (which it would not for your size company), if you miss work, can't work your full hours, or can't otherwise do your job, you may be terminated--even if it's due to health reasons. The law does not make employers keep employees who cannot do the jobs and worj the hours the employer wants them to.


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