Can you be fired if you are sick?

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Can you be fired if you are sick?

My mother-in-law was diagnosed with breast cancer and has gone through 3 surgeries and 4 chemo treatments in the last 3 months. Her doctor just filled out an FMLA paper. She is off work this month because her chemo effects her to the point her doctor thought it was necessary. She goes back in about 3 weeks. She will then have to have another surgery to remove her chemo port after that date. Her employer knows this but they told her that after she returns, if she takes off for any extended period of time she will be asked to resign. They say her FMLA started when she took off for her first surgery and her 12 weeks will be up by the time she returns but she has used accumulated personal time.

Asked on January 11, 2013 under Employment Labor Law, Pennsylvania

Answers:

Timothy David Belt / The Belt Law Firm

Answered 8 years ago | Contributor

There is no bar to prevent the employer from running FMLA and accrued paid time off simultaneously assuming they treat everyone the same.  Therefore, if the FMLA time is actually up, and there is not contract to provide for additional time, your mother-in-law may legally lose her job.

Timothy D. Belt, Esquire / The Belt Law Firm

Answered 8 years ago | Contributor

There is no bar to prevent the employer from running FMLA and accrued paid time off simultaneously assuming they treat everyone the same.  Therefore, if the FMLA time is actually up, and there is not contract to provide for additional time, your mother-in-law may legally lose her job.


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