If I have cancer and am on medical restrictions but my boss is trying to make me work more than they allow, can she fire for trying to enforce my restrictions?
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If I have cancer and am on medical restrictions but my boss is trying to make me work more than they allow, can she fire for trying to enforce my restrictions?
My FMLA has expired because of my chemo and breast surgery. I am still currently taking chemo.
Asked on July 6, 2015 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can be fired if you can't work full time or do the job for which you are employed. The employer is not bound by your medical restrictions (the doctor is not an executive or owner of the company, and can't tell it what to do): they hired you to do a certain job. If you can't do that job, which includes not being able to work the required hours, they can terminate you once you run out of FMLA leave to use. Many employers would voluntarily work with you and allow you to work a reduced or alternate schedule--but unfortunately, that is voluntary for them to do so; the law does not require the employer to let you work less hours or move you to, say, a different position with fewer hours. Employment is employment at will: the employer chooses to employ people, and can choose to not employ them if they are not adequately meeting the employer's needs.
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