Can I be fired for being court orderd to a mental institution for a period of time?

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Can I be fired for being court orderd to a mental institution for a period of time?

Asked on April 28, 2011 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, yes: an employer is not obligated to retain someone who does not or can not get to work for any reason--institutionalization, incarceration, etc. There may be some ways you can preserve your job, but start by assuming that unless one of the following applies, you can be fired:

1) If you and your company are both eligible under the Family and Medical Leave Act (FMLA)--the company needs to be above a certain size (50 employees, I believe) and you need to meet a certain minimum lengh of service and number of hours worked--then, while taking unpaid FMLA leave, you cannot be fired.

2) If you condition rises to the level of disability--and not all do; it must be sufficiently permanent, for example--the company may have to make certain accommodations, which can include time off for treatment.

You should consult with an employement attorney, who can evaluate your situation in detail.


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