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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Ive been out sick on previous occasions for medial reasons.

Customer Question

Ive been out sick on previous occasions for medial reasons. This year, always with medical documentation. Im currently in he hospital again for a week with no sick time and am do to return Monday, with a doctor's note. Can I be fire for too many absences?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Does the employer have at least 50 employees?

Customer: replied 5 years ago.
yes. I meant medical. not medial.
Expert:  Tina replied 5 years ago.
I see.

If you worked at least 1,250 hours in the past calendar year for the employer, you would typically be entitled to up to 12 weeks of unpaid medical leave under the FMLA. During this leave, this federal statute protects your job and prevents the employer from terminating you or otherwise retaliating against you for taking FMLA leave.

Because of this, I would immediately invoke your rights under the FMLA but requesting FMLA leave. The employer should provide you with an application, which should be supported by a note from your treating physician.

Here is a link that provides more information:

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