I just represented an employee who found herself in exactly that position. She was terminated for being out of work too often. Each time she was absent she gave her employer proper notice. It was undisputed that she was out of work for a chronic medical condition. Over the employer's objections, the employee was awarded benefits.
A summary in the Maryland Department of Labor's decision digest summarizes the law:
- The claimant was absent from work on an authorized maternity leave. Due to unexpected medical complications, the claimant was not able to return to work as early as anticipated. The claimant kept her employer informed of her medical condition. The employer would not hold the claimant's job until she could return to work after her six-week checkup. Absenteeism due to illness is not misconduct. The claimant was discharged, but not for any misconduct. DuBois v. Redden and Rizk, P.A., 71-BH-90.