What should I dp if I informed my boss 3 weeks ago that I’m having surgery and also told him the amount of time that I’ll will be out but now he has demanded my resignation?

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What should I dp if I informed my boss 3 weeks ago that I’m having surgery and also told him the amount of time that I’ll will be out but now he has demanded my resignation?

He said he will replace me. Today, 2 weeks before surgery and 3 weeks after I told him, I was terminated.

Asked on December 31, 2012 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If any of the below apply, your termination may have been wrongful and you may have a legal claim:

1) You are using PTO you earned (e.g. sick or vacation days) to cover the absence;

2) You and your company are both covered by the Family and Medical Leave Act (FMLA)--which, among other things, means that you must have basically worked there a year or more and the company must have 50 or more employees--and you are using unpaid FMLA leave for your surgery and recovery; or

3) The employer promised you that you could have the time off and you only committed to (scheduled) the surgery after  the company made that promise.

However, other than the above, the company could likely terminate you. An employer is not required to give employees time off for medical care, other than as above.

 


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