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

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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 2 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.


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