Suffern, NY asked in Employment Law for New York

Q: Can one be fired for missing a lot of work due to a documented medical issue?

My friend started a Job about 7 months ago and has missed a lot of time due to documented medical issues. He has been medically cleared to return to work but is having post op complications and is afraid he will be fired if he misses any more work.

Is it legal for an employer to fire someone in this situation?

Thank you,

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1 Lawyer Answer
Jimmy M. Santos
Jimmy M. Santos
  • Cornwall, NY
  • Licensed in New York

A: Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his employment is in NYC). He also may have protections under the NYS Paid Family Leave Act from retaliatory discharge.

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