Legal Question in Medical Leave in Massachusetts
Fired because of doctor's orders!
Can a company legally fire you if your out from work under Doctor's orders?
The company said I had missed to many days as a result of doctor's orders.
Terminated now.
2 Answers from Attorneys
Re: Fired because of doctor's orders!
It really depends on the specifics of your situation. A company is legally obligated to reasonably accommodate a disability you may have, and to provide you with leave pursuant to the FMLA if they qualify and if you qualify. Whether you have a disability, whether they should have provided reasonable accommodation, whether the company is large enough to qualify for FMLA, and whether you took the steps necessary to put them on notice of your need for accommodation are just a few of the questions that need to be answered. Much more information than you have provided is necessary for a complete evaluation of your potential claims. You should speak with a lawyer.
Re: Fired because of doctor's orders!
I need more information. First, the category you chose is the Family Medical Leave Act - but I have no idea if your employer would be covered by the Act - or if you would be covered by the Act. I also have no idea how much work you missed, or what kind of work you did. Finally, I need more information about the nature of your absence and your medical condition, so I can determine whether it would qualify as a disability under either the ADA to Chapter 151B of the Genreal Laws. Generally speaking, an employer does not have to keep someone on the job who cannot perform the essential functions of the job, and is not required to hold a job open indefinitely. But without more facts, I cannot answer your question more directly.