B. Fired Due to a Legitimate Illness or Absence

You cannot be fired if you were injured on the job and file a workers' compensation claim, or are absent for a medical reason relating to pregnancy or for taking maternity leave of less than 12 weeks in any given one-year period (in violation of the federal FMLA if you work for an employer with more than 50 full-time employees). However, an employer may have the right to fire a worker who is excessively absent due to illness. In that case a viable option might be for you to file for and collect benefits under the company's short- or long-term disability plan.