Being Out Sick: Can I Be Fired for That, or During That?

Question: Can an employer terminate an at-will employee for exercising medical leave? Or terminate for other reasons while the employee is out on sick leave?

Wayne, Waukesha, WI

Answer: I don’t know of any law in any state that gives an “at will” employee (that is, a person without an employment contract) any protection from being fired, even if they are out on medical leave.

However, the federal Family Medical Leave Act (often called “FMLA”), does give employees who are sick, or who have someone in their family who is sick, a right to take off up to 12 weeks, without pay, and guarantees them (with limited exceptions) their job when their leave time is up. The employee has to ask their employer for the forms to fill out, and have their doctor certify that the time off would be beneficial.

Thanks for writing in. I hope you’ll visit with us often, and tell your friends.

Best, Al Sklover

Alan Sklover’s Timeless Classic, Newly Updated and Revised

Fired, Downsized, or Laid Off:

What Your Employer Does NOT Want You to Know
About How to FIGHT BACK

Now available by Instant Download to Your Tablet
(Ipad, Nook, Kindle, etc.)


Instantly Downloadable PDF to Your Home Printer