FIRED FOR HAVING AN OPERATION BEING ABSENT FOR 6 DAYS,,,COMPANY POLICY

Hi.

I have been working for a candy company since Nov. 2003. In July this year I notified them I had to go into the hospital for an ascensing aorta aneurym,,requested a leave of absence.... They answered me back in a month and said I didn’t qualify for a leave of absence or fela,,,,pt they said “we have a policy if your gone more than 6 days you could b terminated.”

In short I was notified 3 weeks into August by phone if I resigned I may b rehired in 90 days. I told them I wouldn’t resign. The next day a supervisor told me I was terminated due to company policy.

Can they do this legally? I was so upset I went back into hospital for a racing heart for 1 week.

Thanks,

Larry P.

1 answer  |  asked Sep 26, 2004 6:47 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
FMLA is the only protection for medical leave

Unfortunately, the only law that protects you from losing your job when you have to take leave for a medical condition is the Family and Medical Leave Act. This act doesn't protect everyone. In your case, even if some others in the workplace were covered by the act, you weren't. The reason is that you have to be working for the employer for at least one year before coverage begins.
The Arizona Civil Rights Act and the Americans with Disabilities Act require employers to provide reasonable accomodation to persons with disabilities. Sometimes this may include time off for treatment. However, your condition probably doesn't meet the definition of disability. If you want to pursue this as a possible remedy, you can contact the Equal Employment Opportunity Commission to file a charge of discrimination. But be ready to explain how your condition, even after treatment, substantially impairs one or more major life activities ( and the condition must be permanent or long term ).

posted by Francis Fanning  |  Sep 27, 2004 2:02 PM [EST]

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