Someone I know got terminated while on medical leave
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Someone I know got terminated while on medical leave
His immediate supervisor and owner was not
aware of it either
Asked on February 24, 2017 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employee cannot be fired just because they are on medical leave or because of the underlying disability for which they are on leave for. That having been said, while a worker can't be terminated because they took protected medical leave, taking leave would not preclude them from being discharged due to some other reason, including a restructuring, for performance-related issues unrelated to their leave/underlying medical issue, for not following work rules, for poor performance, etc. Here is a link to an article that you may find to be of help: https://employment-law.freeadvice.com/employment-law/firing/getting-fired-while-sick.htm
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