QUESTION

Employer refused leave for potentially life threatening surgery. Employer requested postponement of 1 week but employee refused. Employee fired after

Asked on Feb 20th, 2017 on Labor and Employment - North Carolina
More details to this question:
Surgery. Any recourse?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
This is a terrible situation and an awful thing for the employer to do.  However, the law in North Carolina law does not require an employer to allow an employee to have time off for any type of medical issue including surgery. The only time an employer must allow an employee off for such a situation is if the employer is covered by the FMLA and the employee is FMLA eligible. There is a requirement that the time off be for a "serious health condition" but surgery other than comestic or in office is almost always covered.
Answered on Feb 21st, 2017 at 5:45 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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