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Is it OK to fire someone
because of an illness?
Q. Three weeks before my scheduled date of resignation, I got
sick. After spending a Friday in the hospital and the rest of the weekend at
home, I told my supervisor I expected to be in by the following Friday at the
latest. She then told me I would be laid off because I had been absent too many
times. Is it legal to fire someone because they've been out sick for several
days? Is there anything I can do?
A. I would suggest you read your company's sick policy first to see what
steps your company expects you to take when you are sick.
Time off and sick
policies vary among companies. Yours may have a set of rules you must follow
when using illness as reason to be excused from work. Some companies require
employees to call in every day while they are out sick unless they request a
formal sick leave of absence, in which case they must get a physician to certify
their illness. Some companies may require employees to provide a doctor's note
whenever they call in sick.
Whatever your
company's policy may be, the Family and Medical Leave Act (FMLA) does require
employers who have at least 50 employees to provide their employees with at
least 3 months' medical leave. However, your employer must approve your time
off, and will probably require a physician to certify your leave. You also need
to have worked at least 1,250 hours to be eligible for FMLA. Of course, the law
is a little more detailed than what I have described. So before you go any
further, I would urge you to read your company's policy.
Good
luck.
- Erisa Ojimba, Certified
Compensation Professional
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