Can I be fired for being court orderd to a mental institution for a period of time?
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Can I be fired for being court orderd to a mental institution for a period of time?
Asked on April 28, 2011 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general matter, yes: an employer is not obligated to retain someone who does not or can not get to work for any reason--institutionalization, incarceration, etc. There may be some ways you can preserve your job, but start by assuming that unless one of the following applies, you can be fired:
1) If you and your company are both eligible under the Family and Medical Leave Act (FMLA)--the company needs to be above a certain size (50 employees, I believe) and you need to meet a certain minimum lengh of service and number of hours worked--then, while taking unpaid FMLA leave, you cannot be fired.
2) If you condition rises to the level of disability--and not all do; it must be sufficiently permanent, for example--the company may have to make certain accommodations, which can include time off for treatment.
You should consult with an employement attorney, who can evaluate your situation in detail.
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