I went out of work for being sick, and ended up with a major condition and now my job has filled my position and i have no job.

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I went out of work for being sick, and ended up with a major condition and now my job has filled my position and i have no job.

Can i be terminated for not being able to work for major illness? It has also
caused me to loose my benefits.

Asked on October 17, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were absent from work without--
1) Using PTO, like sick days, which you had earned to cover the absence; and/or
2) Been eligible for (and your employer covered by--e.g. at least 50 employees within a 75 mile radius) and used FMLA leave or similar state law leave for the absence
--then you can be terminated. The law does not generally give you the right to miss work, even for medical reasons or emergencies, or require employers to hold the jobs of employees who are out from work--only if you use FMLA leave (or its state law equivalent) or paid time off can you miss work and be certain of keeping your job. Employers have the right to have employees show up for work and do the job, and the law gives them that right.


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