Legal Question in Employment Law in Wisconsin

Termination while on medical leave

My wife went on medical leave due to emotional distress. She's been seeing a psychologist for several months with much of her problem related to workplace stress. After a recent severe verbal attack in the office, she had to take time off due to her emotional state. The problem is so bad that her psychologist wanted her to be hospitalized for evaluation & treatment. Her psychologist has written letters to her employer saying she needed to be on medical leave for an indefinite time. He stated that her return date could not be established yet because her medical progress has to be monitored and evaluated over time. She only left work for this about 3 weeks ago. Her employer just sent a letter saying she has been terminated because she's taking an indefinite leave of absence. They sent 2 letters talking about ''leave of absence'' without acknowledging she's actually on medical leave; but her doctor's letters said ''medical leave''. Is the termination legal? Isn't she entitled to time off for medical reasons? Shouldn't she qualify for short term or long term disability if the medical condition continues? Can she file a Workmen's Compensation claim since the past work situation and recent event caused her problem? Who can help?


Asked on 6/17/04, 5:50 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Termination while on medical leave

Hello,

Sorry to hear about the problems. It is illegal in most cases to terminate someone while on medical leave. There are remedies, both with government action, and litigation, depending on the circumstances. At times, the case depends on the number of employees the employer has.

I can certainly help by giving you more guidance if you contact me by phone. I am in the Appleton/Green Bay area, but can at least give you direction wherever you are.

Best wishes, Mark J. Mahoney 920-984-4529

Read more
Answered on 6/17/04, 11:53 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Wisconsin