QUESTION
Girl friend fired for not enough hours for disability leave
Asked on Nov 08th, 2015 on Labor and Employment - North Carolina
More details to this question:
My girlfriend was fired from a company that she worked for 2 and a half years.She took FMLA earlier in the year for her moms back surgery. Two weeks before the scheduled C- section the hr department fired her saying she did not have enough hours to take short term disability. Is this legal?
1 ANSWER
4 Awards
North Carolina is an employment-at-will state where she can be fired for good reason, bad reason or no reason at all. Employers are not required to allow employees to take time away from work due to illness or disability unless the time is covered by FMLA or, in limited situations, the Americans With Disabilities Act. If she worked for an FMLA covered employer, and she was a covered employee, your girlfriend would have been entitled to 12 weeks of FMLA leave. If she used all of that leave for her mother's surgery, then she would have had none to use for herself.
Answered on Nov 09th, 2015 at 12:19 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.