What is the law if my wife had gall bladder surgery a month ago and was then terminated from her new job?

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What is the law if my wife had gall bladder surgery a month ago and was then terminated from her new job?

Unfortunately she had just started working at a new job 2 weeks before. At first they were understanding. She spent a week in the hospital and a week home recovering. She tried going back to work. Her boss had her do 2 half days. On the third day back my wife had a lot of pain and went to call out for the day; in response her boss told her to take the rest of the week and the following off to heal because they needed her 100%. Mind you the doctor told my wife that she would need to be on light duty for at least 8 weeks. Today she called her boss to say she’d be back to work on Monday her boss said that they were letting her go because of her leave. Is this legal?

Asked on August 7, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, it is legal. Your wife was not employed, based on what you write, to qualify for FMLA leave. But without legaly protected leave, like FMLA leave, an employer is not obligated to retain an employee who misses work, even for medical reasons. Employers hire employees to work; the law does not require them to employ people who miss aork unless some legally protected leave, which your appears to have been ineligible for, is used.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, it is legal. Your wife was not employed, based on what you write, to qualify for FMLA leave. But without legaly protected leave, like FMLA leave, an employer is not obligated to retain an employee who misses work, even for medical reasons. Employers hire employees to work; the law does not require them to employ people who miss aork unless some legally protected leave, which your appears to have been ineligible for, is used.


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