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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53895
Experience:  Licensed attorney helping employers and employees.
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Can an employee be possibly terminated while on an approved

Customer Question

Can an employee be possibly terminated while on an approved medical leave for the accrual of attendance occurance points of a company policy? Example:Medical leave was approved but employee did not call in absence which resulted in possible termination
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
Hello, legally an employer can terminate for violation of policy. Here it would be foolish as smacks of retaliation for taking leave. Employee would have recourse. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
Are there statutes that an employee can utilize to substitute medical leave with their vacation? Thereby legally turning an attendence issue into an approved vacation?
Expert:  Infolawyer replied 1 year ago.
No statute. Such substitution is a matter of company policy and negotiation.
That said company has to honor approved leave and not discriminate. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.

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