Can I be fired because of a broken ankle that causes me to be unable to walk for now?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be fired because of a broken ankle that causes me to be unable to walk for now?

I broke my ankle and my doctor requested for me to be off work. I was only part time at my job so I didn’t qualify for FMLA even though I have been there for 1 1/2years. My job said they will only give me 4 weeks and then they’ll have to fire me.

Asked on December 29, 2018 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can be terminated if you are not eligible for FMLA leave and have to miss more work than you have paid time off (PTO) for, or more time than the employer is voluntarily willing to let you miss. An employer is not required to retain employees who can't work; once those employees miss more time than they have a combination of PTO and FMLA leave (assuming eligibility for FMLA), the employer may terminate them. If an employer chooses to give them time off beyond FMLA or PTO, it's voluntary on the employer's part, and the employer can decide how much to give, and terminate when it is exceeed.


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