Can I be terminated in Wisconsin while on short term medical disability?

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Can I be terminated in Wisconsin while on short term medical disability?

I work for a small family owned funeral home. I needed to have both hips replaced
due to osteo arthritis. They said my job was safe for 4 months, Dr. wouldn’t
release me until 6 months. After 5 months I was send a certified letter that I
was terminated.

Asked on August 20, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you may be terminated. Disability does not hold or protect your job: it provides income replacement when you can't work. There is no right to miss work and retain your job, even if you miss it for medical reasons, if you are out for longer than you have 1) paid time off (e.g. vacation or sick leave) to use, plus 2) FMLA unpaid leave, if you and your company are both covered (many small businesses are not: they must have at least 50 employees located or working within a 75-mile radius to be covered). Since FMLA at most is 12 weeks and you were out at lest 5 months, unless you were eligible for FMLA and had an extra 8 weeks of PTO to use, they could terminate you for absenteeism.


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