2006-07-16 02:47:18 · 13 answers · asked by moecat 2 in Politics & Government ➔ Law & Ethics
The Family Medical Leave Act only applies to full time employees that have worked for that company for over 12 months. If you meet those conditions and you requested leave under that act, you are guaranteed employement when you return. If you do not, the employer can fire you whenever they so choose.
This doesn't mean that the employer can't fire you a day later for another reason.
The legal consequences of termination vary from state to state, so the best thing to do is contact an employment lawyer in your state and find out if the termination was legal or not.
2006-07-16 02:54:04 · answer #1 · answered by sallymarlyn 2 · 0⤊ 0⤋
I don't see why not. Firing you doesn't end your benefits it only ends your earnings. Sick leave is not normal pay. It is usually a separate account entirely. Of course there is is the issue of insurance, but; you have a thirty day grace period there in which to secure COBRA. I can't see how it benefits the company to keep a person on the books who is not working and is sure to be fired on return. they might as well sack him/her immediately and start filling out the paperwork. One catch may be unemployment. If you are fired on sick leave they will be paying sick pay and allowing you to collect unemployment at their expense unless they can fire you for cause. And normally, you don't fire somebody for cause that is not there to be fired for cause. It makes it easier to sue you for wrongful termination. So really it comes down to why are you being fired as to whether i should fire you now or wait til you get back.
2006-07-16 10:27:32 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
If the person has the illness certified by a doctor and the company has been notified of the number of days for sick leave granted by the doctor, the employee cannot be fired.
2006-07-16 09:54:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need to specify WHY the person was fired. Being out on sick leave doesn't necessarily protect you if your position was "downsized" while you were out. Depending on the size of your employer and the laws of your state, you MIGHT be protected from being fired if they fired you for being on sick leave in the first place.
2006-07-16 10:40:54 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
An individual can be fired for cause at any time under any circumstances. The operative words there are "FOR CAUSE" of course. If not, you could steal money from your employer, then call in sick and stay on the payroll?
2006-07-16 10:21:46 · answer #5 · answered by oklatom 7 · 0⤊ 0⤋
Chances are you were hired as an "at will" employee. If that is the case your company can fire you or "let you go" at any time without reason. You can also leave their employment under the same rules.
2006-07-16 11:58:21 · answer #6 · answered by Lodiju 3 · 0⤊ 0⤋
Yes, if it they can prove that there was fraud involved, or the employee gave cause for termination before going on sick leave.
2006-07-16 09:51:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You may be terminated for reasons unrelated to your illness. You are still entitled to your final compensation, however, unless you have committed an imprisonable offense.
2006-07-16 09:53:14 · answer #8 · answered by cmpbush 4 · 0⤊ 0⤋
that should'nt happen, but if your sick alot, and it's causing the company a problem with good production or whatever the case, it could happen
2006-07-16 09:51:53 · answer #9 · answered by goatlady 2 · 0⤊ 0⤋
Depending what state you live in.. I know my state has laws and it does NOT prevent from being fired for any little damm reason they please.
2006-07-16 09:51:46 · answer #10 · answered by Pqasdy 2 · 0⤊ 0⤋