Can I get fired if my doctor pulls me out on medical leave?will i get paid by unemployment for those few days?

Question

i'm having female problems. If my doctor pulls me out of work for a few days will I get paid or lose my job? It's some pretty serious stuff and I don't want to lose my job over it. I know they will be mad if I take off a few days or a couple of weeks but it's probably gonna happen. Also, I'm an adult over 30, just so you know k now when you give answers. This is very important to me, so hopefully someone can help me out. Thanks so much.

Answer 1

Yes, an employer can fire you if you miss work for any reason in any "right to work state". Those are:
Alabama
Arizona
Arkansas - (established by state's Constitution, not by statute)
Florida - (established by state's Constitution, not by statute)
Georgia
Idaho
Iowa
Kansas
Louisiana
Mississippi
Nebraska
Nevada
North Carolina
North Dakota
Oklahoma - (established by state's Constitution, not by statute)
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Wyoming

Now you do have the right to file for unemployment and or disability if your company fires you. Your company has no reason to pay you for days off unless there are specific rules that state so. Read your employee handbook and see what it says.

Usually if you have a legitimate Dr's excuse your company will not fire you because it costs more to hire another person than it does to simply keep you on.

Answer 2

You should be fine. I HIGHLY doubt they will fire you for this, unless you're a crappy employee or you've been abusing the system.
If you have a note it should be all good.

Technically, they can fire you for just about anything as long as they come up with some lame excuse. Unless you live in a Right-To-Work State like GA in which case they don't even need a reason. I mean they could fire you for missing too many days in a year, regardless of the doctors advice but chances are if it's serious, they'd rather you take the time off then have them be liable if something bad happens to you. I mean they could even come up with a stupid excuse such as your productivity was down or you've been tardy too often. Where there's a will there's a way and it's damn near impossible to prove the real reason for termination.

You'll just have to make a judgement call. If I were you, I'd sit down and talk to my boss about my concerns.

Probable - Yes.
Plausabile - No.

Good Luck.

Answer 3

No, as long as u have a medical document that supports u having to be off. Hopefully u have not abuse any sick time and u can use those hours while u are out..if u job allows for other staff to volunteer their sick hours u can get paid that way also. Do u have short term disability insurance...it really helps when u are in a situation like this. Your job is not going to pay u for being out or fire u for that matter. Also check with u local dept of labor. I hope everything works out for u...I will keep u in my prayers.

Answer 4

Most of what you are asking deals with law, so it depends on what state you are in. It seems if they outwardly discriminated against you and fired you for being out on medical leave, that would be illegal. As far as unemployment... no. Unemployment is not for people in your situation... it is for people whose employment was terminated or hours were cut back. For you to still make money while out, you would need short-term disability insurance. If you don't have that, don't expect any money.

All in all... you have a health issue that needs to be tended to. I know money and work can be stressful to think of when it comes to a situation like this, but you and your health are more important. Best wishes!

Answer 5

The answer is that you should never get fired for illness. However, that does not mean that you cannot get fired for too much time off work. If you unfortunately have/have had a lot of sickness then you can be fired on inefficiency grounds but your employer will have to follow the letter of the law to do so, that is without giving grounds for you to sue them.

Answer 6

As far as I know you ant get fired if your doctor says you cant work you can sue for that, if they do. Its against the law. But if they really get mad they can come up with some other reason on why to fire you. But if your health is in jeopardy here I would worry about that first and for most you can always get a better job.

Answer 7

if your doc pulls you out your employer cannot fire you. if you work at a facility with more than 50 people you have the right to take up to 6 weeks leave under the family medical leave act. you won't be able to collect unemployment, but if you have sick leave you could take that. some employers will also allow you to use your vacation time

Answer 8

Your employer must follow the Federal Family Medical Leave Act. Go to the following link to read a little more about it. --> http://www.dol.gov/esa/whd/fmla/

Also it may not hurt to have a doctors note or a letter explaining the basic necessity of your procedure to your employer.

As for unemployment compensation, you may not qualify for that unless you have the special insurance like Aflac or something similar. You may want to check with your local unemployment office to see what your options are though.

Best of luck to you and hope you are well again soon! :)

Answer 9

Nope they can't as long as you have a medical note saying you can not work. You don't have to give them a reason why either. All they need is the note, with the doc's signature on it. Depending on your work, you probably will get paid for the time you missed, but it usually takes forever to get it. Hope you feel better soon.

Answer 10

They can fire you if you have a doctors leave. I dont think you can paid unemployment. Most companies have a policy however, you can only be out for so long. I would check with your companies HR department. Good Luck. Hope you Feel better soon.