Can I be Fired for Taking Sick Leave?
An employee who takes sick leave that is protected by the Family Medical Leave Act or the Americans with Disabilities Act or the Arkansas Civil Rights Act cannot be fired for taking medical leave to treat a protected condition. Here is a short summary of each statute:
Family Medical Leave Act: The FMLA allows a qualified employee (one who has worked at least one year and 1250 hours) who works for a covered employer (one who has 50 or more employees) to take up to 12 weeks of medical leave to treat a serious health condition.
The Americans with Disabilities Act: The ADA protects time away from work to treat a disability when that time away from work is a reasonable accommodation. To enforce your rights under the ADA, you must file a charge of discrimination with the EEOC.
The Arkansas Civil Rights Act: This state law provides similar protections as the federal ADA, with a few important differences.
Our discrimination lawyers can help you understand your rights under each of these statutes. Please contact our office at 501-954-8073 for more information.
How Can We Help?
Our discrimination lawyers can help you understand your rights under each of the statutes that govern medical leave. Each case is unique and the statutes each provide different kinds of protections for qualified medical conditions. Please call our office at 501-954-8073 for assistance in taking or managing medical leaves.