Can I be dismissed from a position whilst I am absent on medical leave for a serious disease

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be dismissed from a position whilst I am absent on medical leave for a serious disease

I have been in rehab treatment for alcoholism, which has also caused some othe
absences, none due to being drunk or drinking at school
The school and school group have been obstructive in getting my short term
disability claim started I have been absent since 2/8/19

As far as I’m aware they have a duty to help me with this affliction and can’t
just dismiss me at 8pm, via email, on a Friday night?

Please advise how I should continue

Asked on February 22, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you on a government provided form of medical leave, like leave under the Family & Medical Leave Act (FMLA)? If you are, while on such leave, you cannot be dismissed from your position for medical- or leave-related reasons. (You can be dismissed for wholly unrelated reasons, such as if you violated employer policies, were insubordinate, stole time or materials from your employer, etc.) If you are dismissed for using a protected or government provided form of leave, contact your state's department of labor about filing a wrongful termination complaint.
But if you are missing work without using either a government provided form of leave for which you are eligible or using sick time or other PTO which you earned, you may be terminated. Even if you are sick and are filing for disability (which is income replacement, not a protected form of leave), if you miss work without using PTO or FMLA (or your state's equivalent of FMLA, if it has one), you may be terminated; there is no legal right to miss work without using PTO, FMLA, etc.


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 AttorneyPages.com 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