Can my employer fire me for missing work due to an injury that occurred outside of work?

I recently strained a muscle in my lower leg while stepping over a baby gate at home.

Urgent Care gave me crutches and told me to stay off the leg for 3-4 days. I missed 1 night of work.

The next day I saw a specialist who gave me a boot cast and cleared me to return to work with the following restrictions: must wear boot cast, crutches fulltime, partial weightbearing as tolerated. Frequent leg elevation. Restrictions until follow-up appt 2 weeks.

Work told me I can't come back until the leg is healed and that I will lose my job since I will exceed the max number of absences allowable since I am still in my 90 day probation for new hire.

1 answer  |  asked Nov 11, 2010 7:46 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The employer is not obligated to give you FMLA leave for this injury and unless the employer has a non-job related disability policy that applies to probationary employees your options will be limited. You would have to know how the employer treated others and whether you received the same treatment.

You could take the information to an employment lawyer and go over the facts. You can select one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Nov 16, 2010 11:24 AM [EST]

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