Other Disability Issues

questions & answers

Question: on medical leave from work due to injury. doctor has not released me back to work. can my employer fire me?

Answer: Arizona does not have its own Family Medical Leave Act but is still protected under the federal FMLA labor laws and as such an employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. While the employer has to abide federal regulation it is the employee who must adhere to employer policy. This may include requiring call in procedures, using sick leave or vacation time in lieu of FMLA, or any other regulation. If fired while on FMLA there is action that can be taken for wrongful termination, assuming that FMLA was filed correctly or in a reasonable manor and employee continued to adhere to work policy.  Some examples of wrongful termination under the Family Medical Leave Act include:
1.    If the employer terminates an employee in violation of a written employment contract.
2.    If an employer terminates a worker for discriminatory reasons and the EEOC or ACRD has given the worker a "right to sue" letter.
3.    If an employer terminates an employee in retaliation for legally-protected conduct such as refusal to commit an illegal act, certain "whistle-blowing," or the employee’s exercise of a statutory or public obligation (workers compensation, labor or voting rights, military or jury duty, victim’s leave, etc).
4.    If a public sector employer violates specific rights granted to public sector employees by federal constitution, state statute or other government regulations or contracts.