Can my husband be fired for missing work?

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Can my husband be fired for missing work?

My husband was injured on the job back in December. Up until April, he used sick leave that he accrued and then went on workers comp. For at least 2 months his doctors had been saying he could go back and work light duty, but the state didn’t have any such work available. At the end of May, they called and said they had light duty for him and he went back to work on June 2 and also worked June 6 and 7. Each day being 12 hour shifts. He was to suppose to start his 3 day weekend tomorrow but they (the state) called him today and said he could not come back. The state of SC has a clause that states if an employee is out of work for 180 days, he is no longer employed. Since he went back and worked those 3 days, should his 180 day count start over?

Asked on June 9, 2011 under Employment Labor Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

The question - which gives very good detail on what transpired here - does seem to give rise for alarm in the way that your husband was treated.  I do think, though,  that he should seek consultation from an attorney in your state as to the specifics of the law and how they are applied by judges and the courts in these instances.  In the meantime I would contact your state Department of Labor and ask a consultant there to help clarify the law for you in layman's terms and how it is applied in the case of an employee who is out on disability and if the time is tolled because the state has no position for him to come back to work.  There may be minimum time requirements to be considered back full time.  Good luck to you.


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