If I have not worked for a month due to a non-work related injury, can I fe fired?

UPDATED: Jan 6, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 6, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have not worked for a month due to a non-work related injury, can I fe fired?

I have doctors’ notes that say I cannot work. I should be recovered and able to perform job duties within the next month (at most), however my employer is treatening termination if I cannot go back to work by the end of the week. Is this legal? I have been using accrued sick leave and annual leave, and have enough left to cover another week or so.

Asked on January 6, 2014 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless either--

1) You have an employment contract protecting your employment (in which case, you could only be terminated in a way that complies with the contract), or

2) Your company and you both qualify to be covered under the federal  Family and Medical Leave Act (or similar state law, which generally will have the same or similar eligibility criteria) AND you use FMLA (or state leave act) leave

--you could be fired. In the absence of an employment contract, all employment is employment at will and may be terminated at any time, unless the employee is protected under the FMLA or a similar law.

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