Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?
I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal it. On my 91st day of being out, I received an email stating that I was medically terminated. I was under my doctor's care the entire time. Was this legal?
A: When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment discrimination laws and see if SC has a state agency that enforces them. Usually you have to file with either the state agency or the EEOC for protection, but be careful, if you file with EEOC your statute of limitations could be shorter. You need to discuss your personal situation with a local attorney.
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