Legal Question in Business Law in Arkansas

Illness

If you are off sick, and under a doctor's care, can a company terminate you for being off work?


Asked on 3/08/01, 5:43 pm

1 Answer from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: Illness

Maybe. It depends on the illness, the length of time you have worked for the company, and the length of time you have been off due to the illness.

If you have been employed with the company for more than 12 months, then they must allow you up to 12 weeks of unpaid leave due to an illness. To qualify for such leave you must be under a doctor's care and it must be a major illness. A company may require you to exhaust your paid vacation time and sick time as part of the leave and the remainder is unpaid. The company can count your paid leave against the amount of your 12 weeks of medical leave.

The company cannot retailiate against you for making a worker's compensation claim. If the medical condition is caused by a worker's comp claim you may have rights related to the worker's comp claim.

I hope this information is helpful. If you need more information, please do not hesitate to contact me.

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Answered on 5/17/01, 4:33 pm


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