If I have not worked for a month due to a non-work related injury, can I fe fired?

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If I have not worked for a month due to a non-work related injury, can I fe fired?

I have doctors’ notes that say I cannot work. I should be recovered and able to perform job duties within the next month (at most), however my employer is treatening termination if I cannot go back to work by the end of the week. Is this legal? I have been using accrued sick leave and annual leave, and have enough left to cover another week or so.

Asked on January 6, 2014 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless either--

1) You have an employment contract protecting your employment (in which case, you could only be terminated in a way that complies with the contract), or

2) Your company and you both qualify to be covered under the federal  Family and Medical Leave Act (or similar state law, which generally will have the same or similar eligibility criteria) AND you use FMLA (or state leave act) leave

--you could be fired. In the absence of an employment contract, all employment is employment at will and may be terminated at any time, unless the employee is protected under the FMLA or a similar law.


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