Can I receive unemployment for being fired due to illness?

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Can I receive unemployment for being fired due to illness?

I called out of work last year on several occasions, I have a 4 year-old child and he has been sick, as well as I had 2 miscarriages. I was given a verbal warning and 2 written warnings because I used all of my paid time off. This year I called out once for a total of 4 days due to extreme high blood pressure. I have paid time off but still received a warning that if I call out again I will be fired. I have doctors notes for almost all the days that I took of. I was wondering if I can receive unemployment in NY if I do get fired?

Asked on April 6, 2011 under Employment Labor Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is not an easy question to give guidance on here.  Generally speaking, you can collect unemployment if you were fired "through no fault of your own."  A reason that many employers seek to deny unemployment benefits is to say that you were fired for "cause" meaning that you did something to bring termination upon yourself.  Now, you are claiming here that you have paid time off and can use it this calendar year, correct?  Then if you called in sick you can not be fired for using the time that you are entitled to.  And the warnings have my hair standing on end as well if again, you used the time to which you were entitled.  As for the high blood pressure, although serious it may not be considered a protected disability.  I would seek some help on this matter.  I think you may be being singled out.  Good luck.


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