can i be fired for missing days because of illness

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can i be fired for missing days because of illness

I took a leave from work to take care of my daughter who had brain cancer now I may get fired because of missing too much work

Asked on September 21, 2018 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When you said that you took leave, was it a formal leave under the FMLA ("Family and Medical Leave Act")? If it was, then your absence was covered so you cannot be fired for missing work. However, if your time out was not covered by FMLA time or PTO (i.e. sick or vacation time), then you can be terminated for not coming in to work. In fact, if you are an "at will worker" (e.g. you do not have an employment contract or union agreement), you can be terminated for any reason or no reason at all, with or without notice.


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