Can I be fired for being hospitalized?

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Can I be fired for being hospitalized?

I had been working for a company for about 11 months when on 2/1/12 I had to be hospitalized for a kidney infection that resulted from my pregnancy; that was 10 months ago. I was admitted for 48 hours but I called in to report my absence before my shift started each day I was hospitalized. However, upon my release I was informed that I was going to be terminated for the absences. Do I have a case for wrongful termination and is it too late to file now?

Asked on December 9, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law does not, contrary to common belief, require employers to allow employees time off for medical care, injury, or illness, unless the Family and Medical Leave Act is involved--and a 48-hour hospitalization would not trigger the Act. It would be legal for an employer to fire any employee who ever misses work (again, unless FMLA is involved.)

If you had and properly used paid time off, like sick days, to cover the absence; or if you complied with a policy of your employer allowing people -o call out sick, you most likely should not have been terminated. But if you did not have or properly use sick days, or your employer did not have a policy allowing you to miss at least two days, then you may be terminated for absences.


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