Labor and Employment Law
Workers Compensation
Maternity and Paternity Leave

Can an employer fire you for not returning to work while on a disabilty?

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2011-09-12 14:56:47
2011-09-12 14:56:47

it depends what was in your origanal contract if there where a certain amount of days that you where allowed and you exceeded them than yes but if not than he has to provide you with a reason why he fired you

AnswerYes. If I have a stroke tomorrow and can never work again, at some point my employer is going to let me go, unless I quit. If you have a serious illness you can document, you are entitled to 12 weeks of Family Medical Leave (in a 12-month period.) When you return, the employer has to provide you with a job, but not necessairly the same job. It can be in a different location, at a different pay rate, with different duties. The only exception would be if you were temporarily disabled due to a work-related injury. AnswerYou probably mean "... not returning while the DOCTOR says I'm unable to work". Your employer cannot require you to work contrary to medical advice.

Your employer CAN fire you if you are unable to perform even one of the key duties of your job ... unless you have FMLA protection as detailed above. Then you can be fired the day your FMLA runs out. Remember, the employer OWNS the position, no matter how long you've worked in it. The employer can take the position back and give it to someone else at whim, unless limited by a statute or union contract.

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