Can an employer fire you if you’re on medical leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer fire you if you’re on medical leave?
My sister got diagnosed with cervical cancer. She has been off work for a month because of her doctor appointments and cancer treatments. New Link Destination
day she got a letter in the mail stating that she was no longer employed and that she had health insurance through the end of the month.
Asked on May 17, 2017 under Employment Labor Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If your sister applied for and receive leave under the FMLA (Family and Medical leave Act), then her discharge after only a 1 month out was illegal. However, absent that, if she was out and did not use (or used up) any available PTO (vacation time and/or sick days), then she could have been terminated due to excessive absences. While unfortunate, it is legal.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If her employer was covered by FMLA leave (at least 50 employees within a 75-mile radius) and she was eligible for it (worked there at least one year; worked at least 1,250 hours in the past 12 months) *and* she took/used FMLA leave, they could not fire her while she was on leave, so long as her total FMLA leave was 12 weeks or less. If she was on FMLA and was fired while on it, she could contact the state or federal department of labor to file an unlawful retaliation (for using leave) complaint.
But there is no right to take time off for a medical condition or medical care unless you are eligible for and use FMLA (and you employer is covered). (WI has its own similar, but less generous, medical leave law; if you were not able to use FMLA Leave, WI's leave would not help you.) If she missed a month of work without using FMLA leave, that was an unauthorized absence and she may be fired.
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.