Firing absences due to medical and treatment

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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

Answers:

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

Answered 4 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.


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