Fired Before Disability Leave?
Find answers to your legal question.
Fired Before Disability Leave?
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I need to have surgery that will require me to take Disability Leave. I live in CA and I'm afraid that once my boss finds out I need to be off he will fire me BEFORE I'm able to take my leave. Can he do that?
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MrKnowItAll
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It depends.
There are a number of laws that sometimes cover this. The Family and Medical Leave Act gives you the right to take a certain amount of unpaid time off...if you have been there long enough (one year where you worked at least 1250 hours) and the company is above ma certain size. (50 or more employees within 75 miles of you)
If you will never recover completely, you may be protected by laws against discriminating against the disabled.
If you have an employment contract it may protect you.
If you will recover completely and are new, or work for a small company, it, may be perfectly legal for your employer to fire you for getting sick. |
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vanhammer
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Don't tell your boss until you have a Doctor's written statement requiring surgery and recovery time off from work. Once you turn that in you fill out the paperwork for short term disability leave through human resources. If you do it the proper way, you cannot fired for that, legally. If they try, see a lawyer immediately. Be sure you make copies of all paperwork, including your Dr.'s statement and anything else you must sign. Also follow all protocol your company has in place for additional Dr's notes during your absence or if you need additional time to recover. Good luck with your surgery! |
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