My doctor has me out on leave due to the Covid-19 crisis. My employer was given copies of my doctor’s notes. My auto loan company called to verify my pay schedule, and they informed her I was fired. I was not told that I was fired until my auto loan company called me. Is this legal?
Ann Kiernan replies:
It sure doesn’t sound legal to me. First, if you are covered by the Family and Medical Leave Act (12 months of service, 1250 hours in past year, 50 employees within 75 miles), you are entitled to up to 12 weeks of unpaid job-protected medical leave. Depending on where you work, there may be an applicable state leave law, as well.
Second, if you work for a company with fewer than 500 employees and are taking emergency paid sick leave under the FFCRA, you are entitled to two weeks of full pay, and to job protection for that time.
Third, if you are out because of a mental or physical disability, the Americans with Disabilities Act requires that you be reinstated at the end of your leave unless the employer can prove that reinstatement would cause it undue hardship.
Fourth, this sounds like a crummy employer, with little respect for its workers. You may want to consult a local employment lawyer about your rights. If you do not know one, you can go to the National Employment Lawyers Association at www.nela.org and use their Find-A-Lawyer tool. Good luck.
Posted 09-21-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
