Can an employer terminate me after 6 months if I am being treated for breast cancer and undergoing chemo, etc. Currently am collecting disability.
2007-11-02 13:53:27 · 8 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Even if you are eligible for leave under the Family and Medical Leave Act, your employer only has to hold your job for 12 weeks.
You can always reapply when you are well enough to return. In most cases your employer will not have an obligation to rehire you, but if you were a good employee and your health issues are under control they may welcome you back. If they fail to rehire you even though a position is available and you have reason to believe it is because you have a history of disability, check with the Equal Employment Opportunity Commission to see if they have violated the Americans with Disabilities Act. An employment attorney in your area could also advise you regarding any protections you have under state law.
2007-11-02 17:48:53 · answer #1 · answered by WonderLaw 2 · 0⤊ 0⤋
I'm in FL, here an employer can terminate you after as little as 30 days of absence. After you're well again, though, the are required th re-hire you at the same rate of pay and in a position at least similar to the one you left. I'm sure it's different for things like maternity leave, but I'm not sure about cancer. Good luck.
2007-11-02 14:05:30 · answer #2 · answered by cfbjr4486 2 · 0⤊ 0⤋
Unfortantley they can.. Some company will at least give you the option to come back when you are well. It may be a different position but if you have a good standing with the co they usally will. Or you can go back to work part time on a light duty status for a while, I cant remember how long, and then that will start your time over.
2007-11-02 14:04:19 · answer #3 · answered by D L 1 · 0⤊ 0⤋
An employer does not have to keep your job open indefinitely. That being said, however, an employer must accomodate your disability. Some cases have held that a reasonable leave of absence is a reasonable accomodation. You may want to see a lawyer.
2007-11-02 14:32:52 · answer #4 · answered by everyone's mom 4 · 0⤊ 0⤋
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2016-10-23 07:16:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
That sounds like a typical employer. Also sounds like the typical injustice that happens in North America.
I would suggest checking out the info provided here, instead of relying on legal help from people who are probably only going to tell you what they think is correct, or got from somewhere else.
Protect your family, and especially your rights; especially right now that you are going through a tough time.
check out the family plan at http://www.dontgowithoutit.com
Best of luck, you can do it - Stay positive and keep your head high!
2007-11-02 14:17:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Actually there is something called the Family and Medical Leave Act, which says that they CANNOT do that. You need to go to yahoo and put in the Family and Medical Leave Act and print it out. Show that to your employer. If the problem persists, you may need to contact the appropriate people (it tells who to contact on the web page).
2007-11-02 14:29:46 · answer #7 · answered by a_paradox_angel@sbcglobal.net 2 · 0⤊ 1⤋
They can legally, unfortunately.
Good luck on your recovery.
2007-11-02 17:08:18 · answer #8 · answered by Judy 7 · 0⤊ 0⤋