In South Carolina can you be fired while recouping from a hysterectomy?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

In South Carolina can you be fired while recouping from a hysterectomy?

My daughter was fired today. She was diagnosed with breast cancer in
March and because it was a hormone driven cancer a total hysterectomy
was needed. She had the operation 12 days ago. The owner has known
all this and he fired her. Because South Carolina is ‘at will’ are
his actions legal?

Asked on October 29, 2016 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, if she missed work due to the operation or recovery, she may be fired unless--
1) She had earned and used paid time off, like sick or vacation days, to cover the absence; and/or 
2) The company was covered by (at least 50 employees within a 50-mile radius), she was eligible for (had worked thwre at least a year; had worked 1,250 or more hours in the past 12 months), and she properly requested unpaid FMLA leave.
Except as per the above, there is no right to be out cor medical reasons, and an employee who is out for medical reasons may be fired for absenteeism.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption