Can you be terminated for having surgery?

Generally, an employer cannot fire an employee solely because they are having surgery. Under the Americans with Disabilities Act (ADA), it is illegal for an employer to discriminate against an employee based on a disability. This includes medical conditions that require surgery.

However, there are some exceptions to this rule. For example, an employer may be allowed to fire an employee if having surgery would result in the employee being unable to perform the essential functions of their job. The employer would need to demonstrate that the employee's surgery would pose an undue hardship on the company.

Another exception is if an employee's surgery would pose a direct threat to the health or safety of themselves or others. For example, an employer might be able to fire an employee who is having surgery for a condition that could cause them to lose consciousness on the job.

If you are considering having surgery and you are concerned about potential job loss, it is important to talk to your employer. Your employer may be able to provide you with more information about your rights under the ADA.

Here are some additional tips for employees who are considering having surgery:

- Inform your employer in writing of your planned surgery. Include the date of the surgery and the expected recovery time.

- Provide your employer with any medical documentation that supports the need for your surgery.

- Talk to your employer about possible accommodations that can be made to allow you to continue working during your recovery.

- If your employer does decide to terminate your employment, be sure to file a complaint with the Equal Employment Opportunity Commission (EEOC). You may have the right to legal remedies, such as back pay and reinstatement to your job.