Columbus, OH asked in Employment Law for Ohio

Q: I have been off of work for nearly 3 weeks for medical reasons. My employer is now letting me go? Can they do that?

My 90 day probationary period is up on the 12th of this month. They said they would hire me back when I have a doctors release but I will have to start all over again on another 90 day probationary period,

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2 Lawyer Answers
Rachel A. Sabo
Rachel A. Sabo
  • Hilliard, OH
  • Licensed in Ohio

A: If you are not eligible for FMLA leave, which it sounds like you are not because you've only been there less than 90 days, your employer can likely let you go if you have absences, even if you have a doctor's note. FMLA protects your job for up to 12 weeks. I'd recommend going back when you feel better, even if it means repeating the 90-day probationary period.

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