Can I be terminated because I was injured on the job?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be terminated because I was injured on the job?

I incurred a hernia on the job in
October. I was just told they may not
allow me to return to work at all. I was
told by the surgeon I can resume full
duties on January 2nd. Is this wrongful
termination?

Asked on December 19, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are out for longer than the total amount of time you have from any sick or vacation days (PTO) you earned plus FMLA leave (if you and your job both qualify for itl; see below), you may be terminated, such as for absenteeism: the law does not make an employer retain an employee who misses work unless the absence was covered 100% by PTO and/or legally protected (FMLA) leave.
FMLA leave is only for up to 12 weeks, so even if you could use it, you have already used up (3 months) its time, so if you are out for many more days than you have PTO, you could be terminated.
And you may not eligible: you can only use FMLA if:
1) The employer has at least 50 employees who all work within a 75-mile radius;
2) You have worked there at least a year; and
3) You worked at least 1,250 hours in the past 12 months.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption