Can a part-time employee be fired while out under medical leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a part-time employee be fired while out under medical leave?
If I provide my employer with a doctors note stating I cannot work for a specified time period, can I be fired? Even though, during training, I was told I could work from home and I informed my employer I would be happy to do so, but was refused? I also volunteered to come into work AMA, since I knew it would be busy at my place of business, and still was told not to.
Asked on June 8, 2017 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, a doctor's note is not legally binding on an employer. It can choose to honor it or not. That having been said, if you are going to be out under the FMLA ("Family Medical Leave Act"), then no you cannot be fired for being out. Also, if you use PTO (sick days or vacation time), then you will be covered. Otherwise, you can be terminated for missing work due to an unexcused absence. That is assuming that there exists no employment contract or union agreement that provides otherwise.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.