Can you be fired while on medical leave
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Can you be fired while on medical leave
My doctor took me out of work from Feb
8th to Feb 28th of 2017 then again from
28th to march 21st 2017 I was
terminated from my job on March 7th
2017 is this legal for them to do.
Asked on March 30, 2017 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends. Were you out on leave under the FMLA (i.e. the Family and Medical Leave Act)? If you were and then was laid off solely due to being out on such leave, then that would be illegal. However, if it was due to other work-related reasons then that would perfectly permissable (e.g. sub-par work performance, etc.). Further, if you were not eligible for the FMLA and you did not use available PTO (i.e. sick days or vacation time), then your absences would be grounds for temination, since attendance is a basic job requirement. The only other recourse that you may have here is if your treatment constituted some form of actionable dscrimination or violated the terms of an employment contract or union agreemnt. Otherwise, as an "at will" worker, you could have been fired for any reason or no reason at all, with or without notice.
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