Firing absences due to medical and treatment

UPDATED: Sep 30, 2022

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Firing absences due to medical and treatment

Can you be fired due to to many absences for treatment and other medical issues
surgerys hospital stays etc all deemed necessary due to cancer ,treatment was for
alcoholism which I asked for time off they said I did not qualify for FMLA not enough
hours worked in previous year but that is due to medical

Asked on January 17, 2017 under Employment Labor Law, Minnesota


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

Answered 5 years ago | Contributor

As a general rule, an employer is free to fire an at-will employee who misses too much work since attendance is typically a basic job requirement. That having been said, there are some exceptions. If your absences are protected by the FMLA (Family Medical Leave Act) or ADA (Americans with Disabilities Act), workers' compensation laws, or state paid sick leave laws, or if you had PTO (i.e. sick days, vacation time) then an employer can't fire a worker because of them. Otherwise, absent protection under a union/collective bargaining agreement or employment contract, your employer was free to set the conditions of your employment much as it saw fit.

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 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.

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