what is admin term?
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what is admin term?
Good evening. I had to take one medical leave back in the end of July because of a diabetic ulcer, my doctor as trying t heal it. I came back to work in late October because we thought it was healed. Sadly after 2 weeks of working it opened back up and caught a infection in the bone the doctors tried to save the toe with antibiotics but it didn’t work. I the beginning of January the 3rd to be exact my doctor decieded to take me off my foot until surgery on the 12th of January. About a 3 days after I couldn’t work I was sent a text message by my boss who said if I cant return to work in 1 week and 6 days It would be a admin term. I asked what that was and was only told to call my main office. Is this fair?
Asked on January 30, 2018 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It's not fair, but it is legal: the law does not make employers retain employees who miss or do not go to work, even for medical conditions. You can only miss work for medical reasons if at least one of the three following applies:
1) You employer is voluntarily, of its own free choice, holding your job;
2) You cover your absences with paid time off (PTO) you accrued or earned, like sick or vacation days; and/or
3) Your employer is covered by the Family and Medical Leave Act (FMLA), which means it has at least 50 employees within a 75-mile radius, you are eligible for FMLA leave (worked at least 1,250 hours in the past 12 months; worked at least one year at this job), and you choose to use unpaid FMLA leave, in which case you can get up to12 weeks of unpaid leave.
Note that the most you could take off is the 3 months/12 weeks from FMLA (if you can use it) plus your paid time off, which means that at a certain point, even with 2) and 3) above, you will be out too much and could lose you job. By your question, you missed well over 4 months in a year--it is likely that even if you could use FMLA and had PTO, that you were out too much and could be fired. As soon as you have any absences not covered by FMLA or PTO, you may be terminated.
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