Termination under medical care?

[Mistina]

What is the name of your state? Pennsylvania

I have been out of work for about a week now because of a stomach virus and depression. I was out for depression last year and took FMLA however I had used all of my FMLA time and am about 2 weeks shy of requalifying for the FMLA use. My work refuses to give me emergency paid days off becuase they are not available and I have left several messages with my supervisor concerning applying for emergency time off or unpaid time off. I have not had any response. Can they fire me for this? Is it legal to be denied time off for medical conditions?

[pattytx]

Seeing that you have exhausted your entitlement under FMLA for this qualifying year, the employer is not required to hold your job any longer. If you are still employed when the next qualifying year rolls around, you can request it at that point. Being treated for a medical condition does not, in and of itself, mean that the employer has to hold your job if you are out of FMLA leave time.

[cbg]

For some reason, a great many people have gotten it into their head that if they are under a doctor's care or can show a doctor's note, they have unlimited job protection. There is no truth to that whatsoever. Barring a state law or a bona fide contract that says otherwise, once you have used up your FMLA (or, if you do not qualify for FMLA) your employer can legally fire you no matter how legitimate the medical reason, how many doctors you are seeing or how many doctor's notes you can provide.