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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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can I be fired for medical reasons if I have less than six

Resolved Question:

can I be fired for medical reasons if I have less than six months with current employer and am in a union?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. In order to assist you I will need a bit more information. What do you mean by "medical reasons?" Do you mean that you have to be out of work for an extended period of time? If so, how long and does that conflict with the employer's attendance policies? If not, then in what way would your medical issues relate to being let go? What does the union say?
Customer: replied 1 year ago.

Yes I will be out for an extended period of time (6 weeks). I do have documentation from my doctor. I can only take vacation time off after 6 months of employment & this is my 4th month.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply, although I don't see where you addressed what your union has to say about the bargaining agreement. The reason why that is important is because there is no Delaware or Federal law that would provide you with job protection since you would not qualify for FMLA. FMLA is the law that provides for job protection of up to 12 weeks in a 12 month period for employees who have a serious health condition, but it only applies to employer with 50 or more employees and only to employees who have worked for the employer at least 12 months. Since you don't have enough time with the employer, that law would not provide you protection.

That means that unless your bargaining agreement or the company policies say you must be retained when out for medical reasons, your employer can let you go if they have a neutral attendance policy that they enforce. In other words, if they have a policy that says if you miss XX amount of work, you will be let go, then they can apply it to any employee who doesn't qualify for FMLA.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17612
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and thank you for your business, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue in the future, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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