Is it illegal for an employer to fire an individual that was told by their doctor not to work?
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Is it illegal for an employer to fire an individual that was told by their doctor not to work?
Asked on February 11, 2016 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, it was not illegal to discharge you for not working, regardless if it was per doctor's orders. The only exceptions to this would be if you had sufficient PTO (or sick days) to cover your time off, or you were covered under the Family Medical Leave Act ("FMLA"). With respect to the latter, eligability is based on the employer having 50 or more employees and the employee having been employed there for at least a year and have worked 1,250 hours during that time.
You can also check to see what, if anything, company policy says about such a situation or if your termination violated the terms of an employment contract or union agreement. Also, your discharge must not have been the result of some form of legally actionable discrimination. Otherwise, subject to all of the foregoing, your employer can fire you for your absences, or for any or no reason at all.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, it is legal unless:
1) you have and use sufficient paid time off (e.g. sick days) to cover your absence; and or
2) Your job is covered by the Family and Medical Leave Act (e.g. at least 50 employees) and you are eligible for it (e.g. have worked there at least a year and worked at least 1,250 hours in the last year) and properly use FMLA unpaid leave.
Otherwise, the law does not make employers retain employees who cannot or will not work, even for medical reasons.
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