Legal Question in Medical Leave in Washington

Re: Fired because i took time off to care for my wife and 3 month daughter

State and federal law provide for medical leave, which includes time off to care for a family member. If you were eligible for FMLA or state medical leave (i.e., sufficient hours over the last year and an employer with sufficient number of employees), then you should be entitled to up to 12 weeks of medical leave. If the employer terminated your employment because of your to avoid providing medical leave rights it is a violation of your medical leave rights. On the other hand, an employer remains entitled to eliminate a position or terminate employment for legitimate business reasons -- such as disciplinary violations -- even when the employee filling it is on medical leave. An employee on medical leave does not have a job guarantee just because of the medical leave.

If the employer terminated your employment because of the absence, it may be a violation. If the termination was for failure to call in, that reason may be a pretext for illegal retaliation. You should consult an attorney for advice regarding the specific facts and circumstances of your situation.

The rights and obligations arising out of any particular circumstances are difficult to assess with less than full information. Accordingly, please consider the above comments as general background information only. Seek the advice of a lawyer for specific guidance.

Good luck.