What are my rights if I was terminated by my employer after being hospitalized?
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What are my rights if I was terminated by my employer after being hospitalized?
I have a note stating that my contract was ended because I was hospitalized. Is this legal? I am a contractor working for a staffing company.
Asked on September 13, 2015 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can't be terminated because you have a medical condition or disability. You may, however, be terminated if
1 You missed work without prior approval from your employer and without either--
a Having sufficient earned PTO and using it to cover the absence and/or
b Qualifying for and using Family and Medical Leave Act leave you can find the eligibility criteria on the U.S. Department of Labor website.
Missing work, even due to a hospitalization, is grounds for termination.
2 You can no long do your job after the hospitalization--employers do not need to keep on employees who cannot do their jobs.
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