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  1. #1

    Default Fired While on Medical Leave

    My question involves labor and employment law for the state of: Ohio

    I have a Friend that was Fired from a Job While Being on Medical Leave For passing out. The Job Put him on medical Leave and I was wondering is it legal for someone to fire you for that. He was passing out because of the Heat in the Kitchen.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Fired While on Medical Leave

    The answer to the question AS YOU HAVE WORDED IT is yes, it is legal. Medical leave is not an indefinite get out of jail free card.

    There are some circumstances under which an employee has certain job protections while on medical leave. However, you have provided none of the information we would need to assess whether those circumstances exist here or not.

  3. #3
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    Default Re: Fired While on Medical Leave

    Quote Quoting cbg
    View Post
    The answer to the question AS YOU HAVE WORDED IT is yes, it is legal. Medical leave is not an indefinite get out of jail free card.

    There are some circumstances under which an employee has certain job protections while on medical leave. However, you have provided none of the information we would need to assess whether those circumstances exist here or not.

    CBG my wonderful friend - if heat is affecting an employee who works in a kitchen, it would make ADA accommodations nigh on impossible, right?

    (Not that we're going there)

  4. #4
    Join Date
    Jun 2006
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    Default Re: Fired While on Medical Leave

    I don't see this as an ADA issue at all, since it appears, on the basis of what very little information we have, to be a short term, situation specific issue and not a disability. Depending on VERY specific details, it just possibly might fall under FMLA. Probably not, but I can see a couple of possible sets of circumstances when it might.

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