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Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16379
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I live in Wisconsin and I have been hospitalized for several

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I live in Wisconsin and I have been hospitalized for several days. Can my company fire me for this? I have returned today but still have to talk to HR.

Hello there.


Does your company employ more than 50 employees and have you worked for them for more than a year?




Customer: replied 4 years ago.

A year and a few months. And they employ over 200.

Hello again Carlo --


Because your employer meets the qualification of complying with federal employment law (they employ more than 50 people) and you have worked there longer than a year, you qualify for benefits from the Family Medical Leave Act (FMLA) which guarantees every employee the right to take up to 12 weeks of unpaid time off each year to take care of their own major illness or the illness of a family member. This 12 week period may or may not include any sick time that you might have and have already used (the company can choose whether or not to let you take your sick time as part of the 12 weeks or in addition to the 12 week period guaranteed under federal law). To get approved for FMLA benefits, your HR department probably has a form that you can get completed and your doctor must also sign it to state that you could not work for those few days and then your employer should put the few days down as FMLA leave and they CANNOT fire you for this time period out of work. If they do fire you after you have asked for the time to be considered as Family Medical Leave Act time then you have the right to file a complaint with the US Dept of Labor (they are online and you can find them by doing a search). The Dept of Labor will investigate and get your job back as well as any back pay owed to you for the time you were out.


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Customer: replied 4 years ago.

Awesome that sounds good. Im sure they will play games to make me quit. They"re that kind of company. Thanks for your nswer. I'll be paying and give an awesome rating. Thanks!