Can I be fired for being on a leave of absense too long because of complications due to pregnancy?

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Can I be fired for being on a leave of absense too long because of complications due to pregnancy?

Asked on December 19, 2015 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you used FMLA leave (i.e. you company is covered, you were eligible, and you properly applied for it) and exceeded the length of the leave, or exceeded the length of a company-granted leave, or exceeded the number of paid time off days (e.g. sick or vacation days) you used to cover your absence, then yes, you can be fired. Once an employee's absence is no longer covered by government mandated (if applicable) or employer granted leave, or is longer than the employee's paid time off, the employer is not required to retain them; employers may terminate employees who miss work without approved leave or PTO.


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