I see. Thank you for clarifying that for me Heather.
I am very sorry to be the bearer of bad news, but without the protection provided by the FMLA, a federal statute, an employer normally is legally permitted to terminate an employee who is unable to work because of a medical condition. That is why the FMLA was passed, but unfortunately, it does not cover all employees.
If the employer has a policy promising employees that they will not be terminated if unable to work because of a medical condition, that could be enforced under an implied contract theory of law. But if they do not, then the employer would typically be free to terminate your employment if you are unable to work. However, you should apply for unemployment benefits
as soon as you are released to work, since the state unemployment
commission would not likely find that the employer had good cause for termination
under these circumstances.
Finally, if you have a disability as defined under the ADA
, the employer could be required to provide you leave time as a reasonable accommodation under that federal statute IF such leave is not an undue hardship to the employer.
If you have reason to believe your condition may be a disability under the ADA, please let me know and I would be happy to address that possibility further.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!