I have been on and off of work for the past 3 months due to an illness, can I be fired?

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I have been on and off of work for the past 3 months due to an illness, can I be fired?

I’m still waiting for treatment and answers from my doctors and am still getting tests done to figure out what is wrong with me. My employer sent me a registered letter stating that if I do not return to work within the next 7 days I will be terminated. I was never given any notice up until today. What are my rights as an employee? Is this legal?

Asked on October 29, 2012 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless youqualify for leave under the Federal Medical leave Act (FMLA) it is entirely possible that you employer may be able to legally terminate you from your position despite the fact that you have an illness. The reality is that your employer has a business to run and if you cannot be there to do the work then he or she will need to get someone that can. I suggest that you consult further about the matter with a labor law attorney to be on the safe side.


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