When My Employer Fires Due to My Medical Problem?

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(Last Updated On: April 19, 2021)

What to do when my employer fires due to my medical problem? Although laws regarding employee rights vary depending on where you live, as a general rule, your employer cannot dismiss you from work because of your serious health condition or physical or mental disability. This article will discuss what to do when my employer fires due to my medical problem?

What to do when my employer fires due to my medical problem?

In fact, if you are disabled, your employer will have to provide reasonable accommodation which will allow you to do your job.

Family and medical leave

If you have a serious illness, injury, or other physical illness protected by the FMLA, the Family and Medical Leave Act gives you the right to take unpaid leave within 12-months, according to the EmploymentLoopharms website.

If you are covered by AMML, if your employer has 50 or more employees, you worked for the employer for at least 12 months and you worked at least 1,250 hours a year before that.

Some states have their own family and medical leave laws that allow you to be away from work at certain times without having your employer shoot you for health reasons.

Workers’ compensation leave

In most states, employers require workers to carry workers’ compensation insurance.

Depending on where you live and certain circumstances, some states allow an employer to terminate your employment if you are out of workmen’s compensation for a work-related illness or injury.

This may be the case when your employer has to fill the position and not have to wait long to recover and get back to work.

In other states, an employer is required by law to allow you to return to work after you go out on workers’ compensation leave, the Nolo website says.

Americans with Disabilities Act

Under the Americans with Disabilities Act, the federal government makes it illegal for your employer to discriminate against you because you have a disability. Your employer must make reasonable arrangements to allow you to do your job, though it also includes respite from your work.

However, the ADA also states that your employer will not be forced to provide housing that will be difficult for the employer or may create expenses that the employer cannot afford.

For example, if you often need to take time off from work or take time off for an extended period of time, your employer may determine that you cannot perform the duties required for your job, even if a reasonable accommodation is provided.

Receiving disability benefits

If you are on unpaid leave from work due to serious health conditions, you may be eligible for disability benefits.

Even if you collect workers’ compensation, social security, or other disability insurance benefits, your employer will not be able to use it as a reason to exclude you, Nolo says each program separates the definitions used to define “disability”.

So, qualifying for benefits under the guidelines of a program does not mean that you cannot do the work yourself. Your employer may dismiss you, however, unless you return to work using your FMLA leave.

You need a vacation and do not apply for FMLA, Or you may be unable to do your job after your employer has made reasonable accommodation.