Termination due to medical leave

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Termination due to medical leave

My doctor fax my employer that I need to be medical leave for 10days, my employer
called that when I return from my medical leave I will be terminated. What is my
recourse?

Asked on February 1, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are not eligible for FMLA leave (worked there at least a year; worked 1,250 hours in the last 12 months; employer does not have at least 50 employees within a 75-mile radius) and/or do not have and use PTO (like sick or vacation days) to cover the absence, you can be terminated for missing work due to medical reasons. There is no general right to miss work: only as permitted by a leave law, like FMLA, or with the use of PTO. You could also be terminated for reasons unconnected to a medical condition ir leave, assuming the reasons are otherwise valid, like provable performance issues, insubordination, etc.


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