Is there anything I can do about being terminated and my medical condition?

UPDATED: Oct 1, 2022

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Is there anything I can do about being terminated and my medical condition?

I was terminated due to running out of my 12 weeks of FMLA because I had to have a necessary surgery due to Chrons Disease. I asked for a personal leave for just 3 weeks. Their vendor approved it but they still refused. I was told I was too much of a liability to the company and there was nothing they could do. I was just inquiring if there is something that I could do about this?

Asked on June 20, 2019 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is unfortunately nothing you can do. Employers are NOT required to give employees medical leave except if and to the extent that they employee qualifies for FMLA--that's why FMLA was passed, after all: to guaranty at least some medical leave, given that there was no other requirement for it. Therefore, once you run out of FMLA leave, the employer does not need to give you more leave and can terminate you if miss work after using up FMLA, with one exception: if you had any unused vacation or sick days you had earned, you could have used them to cover your absence, and could not be terminated unless you stayed out after using up them, too.

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 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.

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