I went out of work for being sick, and ended up with a major condition and now my job has filled my position and i have no job.

UPDATED: Sep 30, 2022

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I went out of work for being sick, and ended up with a major condition and now my job has filled my position and i have no job.

Can i be terminated for not being able to work for major illness? It has also
caused me to loose my benefits.

Asked on October 17, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were absent from work without--
1) Using PTO, like sick days, which you had earned to cover the absence; and/or
2) Been eligible for (and your employer covered by--e.g. at least 50 employees within a 75 mile radius) and used FMLA leave or similar state law leave for the absence
--then you can be terminated. The law does not generally give you the right to miss work, even for medical reasons or emergencies, or require employers to hold the jobs of employees who are out from work--only if you use FMLA leave (or its state law equivalent) or paid time off can you miss work and be certain of keeping your job. Employers have the right to have employees show up for work and do the job, and the law gives them that right.

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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