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Being fired due to medical issue?

medium187mph

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The Hen that laid the Golden Legos
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My mother in law was threatened to be released of her job recently...

She is a daycare director for a local church and has been with them for 3+ years full time.

About 2 weeks ago she was at the house and fell. She went to the Dr. and found she has a torn rotator cuff and the Doctor wanted to see her back in a week. Well she went back without improvements so he is now scheduling surgery.

She has been working ever since the injury and kept her boss notified of her situation.

Her boss threatens if she has surgery and has to be out for a few days he will replace her....

My question is, can this even be legal?

What are her options at this time?
 
Unless they employ over 50 people Family Medical Leave Act does not apply.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
 
Yes...she can be fired.....If she is fired for being injured, she can collect unemployment. The board will side with her.


You have to be ready willing and able to work to draw unemployment. I.e you have to be actively looking for work.

Short Term Disability Insurance would be how to cover this if offered.
 
You have to be ready willing and able to work to draw unemployment. I.e you have to be actively looking for work.

Short Term Disability Insurance would be how to cover this if offered.
obammie pretty much gutted the rules,you dont have to do **** anymore just collect.
 
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