What to do if I was fired due to my medical condition?

UPDATED: Sep 29, 2022

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What to do if I was fired due to my medical condition?

I was diagnosed with Idiopathic Intracranial Hypertension about a month ago. I have to spinal taps to drain fluid from my spine and brain. It become a true problem for me, however I just started a new job about a week ago in which the job was aware of my condition. I had to leave work the other morning because of severe headaches. I was cursed out by my boss and told to “go ahead and leave”. I walked to the hospital and I was admitted and received yet another spinal tap the next morning. Well, I returned back to work this morning and I was fired due to my health condition. I very curious to see what rights I have because I was let go from a job for being in the hospital?

Asked on August 27, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can be terminated for going to a hospital contrary to common belief, your employer does not have to allow you to miss work for medical treatment unless--
1 You used Family and Medical Leave Act unpaid leave to cover the time away from work however, if you only started this job a week ago, you are not eligible for FMLA leave, because you must be with an employer for at least a year or 
2 You have and used sick leave or other paid time off to cover your absence--but if you just started a week ago, you are not likely to have such leave  or PTO yet.
Except for the above, your employer can terminate you if you miss work for medical reasons.

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