In the United States, an employee can take paid leave for medical reasons under a few specific conditions. Under the Family and Medical Leave Act (FMLA), an employee can take up to 12 weeks of medical leave without the concern of losing their job.
The leave that FMLA provides is entirely job-protected, and your employer cannot terminate you. However, what if you are in a situation where you have been terminated just because you took leave for an extensive period for medical reasons? In such a case, you are entitled to reach out to an employment discrimination lawyer in Connecticut to stand against this unlawful termination.
Can an employee be fired for medical leave?
Although the FMLA protects the employers’ jobs, there are still certain conditions where an employee can fire you. If you consult your employment attorney, you will learn that FMLA does not guarantee anyone jobs.
Your employer/company has the right to decide between hiring or firing someone. The Family and Medical Leave Act cannot protect your job against these conditions:
- When a company is downsizing.
- When a company is remodeling or restructuring its business and organizational model.
- You are being terminated for a cause like low performance or any other reason.
An employee can lawfully be terminated while on medical leave if the company states an apparent reason for termination. However, if the company fires the employee because they took a medical break without any right reason, termination is considered unlawful.
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In such a case, you can take legal actions against your employer/company with the help of an employment lawyer.
Who qualifies for the Family and Medical Leave Act?
There is specific eligibility if you want to qualify for FMLA. Not every employee is eligible for getting an FMLA. Below mentioned are those requirements that you must meet:
- Within a ~75-mile radius of your employment site, your employer must have 50 or more employees, including part-time and those employees on leave.
- You must have been an employee for that company for at least a year or more.
- In those 12 months of your time working as an employee, you have served the company for at least more than 1250 hours.Read More About: bolly4u
However, even after this, you believe that you have been wrongfully terminated from your company, you must hire an Employment Lawyer. Your lawyer will carefully understand the case and give you insights into what is best for you, and if required, your lawyer can file a lawsuit.