Can I lose my job if I’m out on approved sick leave?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I lose my job if I’m out on approved sick leave?

I am working in a multinational company for the past 4 years. I have some health issues (i.e. a disc complaint

and cyst problem). For my treatment, I asked 45 days leave from the company. HR and the senior GM sanctioned my leave. However, after 1 month I called to HR and they told me that the company appointed a new staff member for my position without giving any indication beforehand of this to me. Does the company have the right to do like? Can I file a suit againt my employer for this?

Asked on December 16, 2018 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Because they sanctioned your leave and you only took leave (we assume) after the company approved it, and so in reliance on it, they cannot take away your job. They could transfer you to a position at a similar level of authority and compensation if they needed your position filled during this time (they do not give up the right to manage their business), but cannot deny you re-employment when you only went on leave with their approval. Based on what you writ, you likely have a claim for wrongful termination--and very possibly for illegal disability-based discrimination, too, if there is any reason to believe that they did this on account on your health issues. Such claims are not necessarily simple or straighforward to bring--this is not like suing someone in small claims court over an unpaid bill or unreturned security deposit. You are strongly advised to retain an employment law attorney to assist you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption