Can I be dismissed from a position whilst I am absent on medical leave for a serious disease

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Can I be dismissed from a position whilst I am absent on medical leave for a serious disease

I have been in rehab treatment for alcoholism, which has also caused some othe
absences, none due to being drunk or drinking at school
The school and school group have been obstructive in getting my short term
disability claim started I have been absent since 2/8/19

As far as I’m aware they have a duty to help me with this affliction and can’t
just dismiss me at 8pm, via email, on a Friday night?

Please advise how I should continue

Asked on February 22, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Are you on a government provided form of medical leave, like leave under the Family & Medical Leave Act (FMLA)? If you are, while on such leave, you cannot be dismissed from your position for medical- or leave-related reasons. (You can be dismissed for wholly unrelated reasons, such as if you violated employer policies, were insubordinate, stole time or materials from your employer, etc.) If you are dismissed for using a protected or government provided form of leave, contact your state's department of labor about filing a wrongful termination complaint.
But if you are missing work without using either a government provided form of leave for which you are eligible or using sick time or other PTO which you earned, you may be terminated. Even if you are sick and are filing for disability (which is income replacement, not a protected form of leave), if you miss work without using PTO or FMLA (or your state's equivalent of FMLA, if it has one), you may be terminated; there is no legal right to miss work without using PTO, FMLA, etc.


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