Legal Question in Employment Law in Oklahoma

Has cancer and is fired

A truck driver is is good standing with his company. He gets cancer and has to take off 6 months for chemo. Can he be fired? He is still paying his insurance but the company fires him so they don't have to pay their share. He planned on returning back to work in September.


Asked on 6/29/07, 4:28 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Has cancer and is fired

Under federal law--the Family and Medical Leave--if you are employed for a company that has 50 or more employees on a full time basis and you've worked at least one full year, then you are eligible to take up to 12 weeks off work in connection with a serious medical condition. However, unless Oklahoma State law gives you more protection, once you get beyond the 12th week/3rd month under the FMLA, you no longer have job protection. You should consult a local employment attorney in your area for further assistance.

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Answered on 6/29/07, 9:52 pm


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