What are my husband’s rights if he has been hospitalized for extreme depression due tohis heavy work load?

UPDATED: Aug 28, 2011

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What are my husband’s rights if he has been hospitalized for extreme depression due tohis heavy work load?

Husband has been admitted to a mental hospital due to extreme depression due to work overload.He is a maintenance man for an apartment complex and on call 24/7. Our family doctor has notified employer of leave for undetermined length of time. Can the employer terminate him? If so, can he collect unemployment benefits. Also, my husband provides our income and not sure what to do.

Asked on August 28, 2011 Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Your employer can probably terminate him for not coming into work, *unless* both the employer and your husband are covered under the Family and Medical Leave Act and he takes FMLA leave for his medical care. (Employers are only covered if they have at least 50 employees withing 75 miles; employees need to work certain minimum hours to be covered.) Otherwise, the law does not require employers to allow employees to take leave and hold their jobs for them.

2) If your husband is fired for taking leave when he's not allowed to, he can't collect unemployment if the employer disputes his claim--he would be considered to be fired for cause.

You should speak with an attorney who can see whether there may be any benefits (state disability; SSI; worker's companesation) to which you and your husband may make a claim, and also  whether he can take FMLA leave to preserve his job.

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.

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