What to do if I was working but suddenly had to go into the hospital and my employer fired me?

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What to do if I was working but suddenly had to go into the hospital and my employer fired me?

It stated that it could not hold my position. Do I have any legal recourse?

Asked on April 24, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general rule, the law does not require employers to employ or hold jobs for employees who miss work, even if they do so for medical reasons. There are some exceptions:

1) If both you and the employer are covered by the Family and Medical Leave Act (you have worked there at least a year, averaging 25 hours per week; the employer has at least 50 employees) and you use FMLA leave for this serious medical condition.

2) If you have earned or accured sick days or other paid time off as part of your compensation and use that time for the absence.

3) If you otherwise complied with some policy the employer has voluntarily adoloped allowing absences from work under certain conditions, and those conditions apply.

However, other than the above, your employer may most likely terminate you for missing work for hospitalizaton.


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