Can I be fired while disabled after fmla expires?

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Can I be fired while disabled after fmla expires?

July1 2019 to September 22 2019 was my fmla
period I had to go see a specialist to get 2
shots put in my back a surgery soon as I could
do this I had it done I was notified after
asking employment status thru email that I
was terminated on the 14th had the surgery on
the 9th follow up on November 5th

Asked on October 16, 2019 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be fired, if after FMLA you miss work and do not have paid time off (PTO; e.g. sick or vacation days) to use to cover the absence. There is no right to miss work, even due to a disability, and keep your job unless using FMLA leave or PTO. So if you miss work after running out of FMLA and not having PTO, they can terminate you for absenteeism.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be fired, if after FMLA you miss work and do not have paid time off (PTO; e.g. sick or vacation days) to use to cover the absence. There is no right to miss work, even due to a disability, and keep your job unless using FMLA leave or PTO. So if you miss work after running out of FMLA and not having PTO, they can terminate you for absenteeism.


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