I have been very sick for three months and now my job is threatening to fire me. I have been a good employee?

iamthejerseygirl

Hi Cowgirl.
Look at your contract and your terms of employment set out by your employer.
For every year that you have been working for them,you are entitled to a certain amount of months off sick with full pay....then a certain amount of months off sick with half pay.
Now,seeing as you have been there for 20 years(ungrateful swines that they are by the sound of it)you must be entitled to a lot more than 3 months.
I'm sure that most employers have 3 months full pay as standard for an employee who has worked for them for a year..(my last employer for example.)
Look into it Cowgirl...sure you can sue the pants off of them for sacking such a loyal employee without the appropriate amount of notice.
Best of luck to you.

Lisa A

You need to get help from the agency that helps with Family and Medical Leave Act. You are covered up to 12 work weeks for any 12 month period. I left the URL below. Good luck.

shotgun_34

perhaps, but if u were in ur boss's shoes u would fire some1 who hasn't showed up for 3 months even wid a doctor's note. it might also b hard 4 u 2 cope wid work equal to 3 months. even if u get ur job back it will be rough

leysarob

Law protects your job for only 12 weeks if you qualify under FMLA. Anything more than that and you can be terminated legally.

lfitz64

Have you considered filing for FMLA, (family medical leave act) or do you have theoption to take short term disability? With FMLA once it is approved it can be retroactive for a period of time. I suggest talking to your doctor or human resources department. Is also depends on if the state you live is an "at will" state. In the state of kansas, employment is at will and you can be terminated at any time, for any reason.

LadyCatherine

you might trying taking a leave of absence under the family medical leave act. meaning you can take time off work and you should be able to get your job back when you can work again..

Chellebelle

Reading the postings below, a few facts about FMLA:

You must have worked 1 year for the company and 1250 hours within that year.
Your company must have 50 or more employees in a 75 mile radius to even have to offer FMLA.

Unfortunately, if you work for a company with under 50 employees, you do not qualify for FMLA. If you DO work for a company with more than 50 employees within a 75 mile radius, you are entitled to FMLA which then gives you 12 unpaid weeks off from work due to the following reasons: * for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.

If your employer is not subject to FMLA, unfortunately they can term you at any time if you sickness is not a result of a workplace injury.

I would ask your HR person for the handbook, so that you know what policies and procedures are going to apply in this instance (Sick leave, vacation, personal time off, leave of absence, FMLA, COBRA, etc), and see if you could work out a PT schedule due to your length of service, to accommodate you during your illness.

jackie m

UK - www.acas.co.uk will give all the answers and no they cant fire you when off sick, they can make you redundant but cannot take someone on for your job.

Collette L

3 Months is a long time to hold a job open. How sick can you be if you are on the internet posting up?

I think your employer needs to have you see a doctor of their choice for a second opinion. If their doctor agrees with your doctor then you should keep your job.

If the company doctor don't see a problem with you going back to work then you go back to work. If you don't , you can be fired for not showing up. Then you won't get unemployment either.

I have a feeling your employer don't think you are as sick as you want them to think you are.

wisdominknowledge

yes-if you can't do the job you were hired for they can fire you. Is disability an option-they can't fire you while on disability? when fully recovered you can return, They won't have to give you your old job back but can give a comparable one.

Apple

If it's impossible to go to work, ask your doctor to speak with your employer/boss (if possible). I'm not sure if it's legal, may not be.

Do they have a temporary replacement to do your job while you're sick? If they do, then there shouldn't be a problem, and once you're better you should be able to go back.
Hope you get better and it works out.

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