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Anonymous
Anonymous
Asked: 3 years ago2022-07-12T09:03:58+05:30 2022-07-12T09:03:58+05:30In: Legal Talks

Can a person be fired while on medical leave?

If an employee is on medical leave from last 45 days, have submitted medical documents to their HR department. Can they terminate that employee if he want more leaves for medical recovery?

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  1. Calvani Samantha
    Calvani Samantha Beginner Legal Advisor
    2022-07-12T09:06:26+05:30Added an answer about 3 years ago

    If you live in America, 90% of the jobs can and will fire you for whatever reason or no reason they want. Are they going to do it ? Not necessarily and it depends on the company. Some companies and CEOs can be assholes that they do not tolerate any absence with or without medical emergencies. Are they wrong ? No, but it’s very selfish and having no common sense.

    As for your case, it depends on the medical leave. It also depends on how much call offs do you have. If you are someone who rarely calls off, unless for medical issues like me, then you should be fine. But don’t take my word for it. Because if you use that as an excuse, it can backfire at you one day. My suggestion is be honest, you don’t have to lie about it; just say whatever it’s on your mind. A good manager will work with you for your absence. Again only a selfish and arrogant boss who only thinks about themselves will do that. In that case, I would of recommend you put your 2 week notice in.

    Face it, you are a human being. People get sick. Just like machines break. Nothing works forever. We will all die, we will get sick once in a while. Just be honest with your manager. I would also suggest you bring a medical document to “prove” you are gone; at least it works for me.

    Not to scare you but in life for every action/decision you make has a reaction. Hypothetically, they could fire you the next day if you take this time off. The manager hired a new server and this server was slower, but more friendly and had a huge smile on his face (at least in her opinion) As for me, I didn’t get fired at all, but my shifts went from opening shifts to closing shifts. Still the same with 8 and 1/2 hours.

    Good Luck. I think you will be fine soon.

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