Is it legal to fire someone who has an illness that causes them to miss a lot of work?

Question

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Answer 1

If they miss a certain number of days it doesn't matter if they have a illness or not.

Answer 2

Not if you fire them because of their illness (discrimination).

You could fire them for many other reasons:

Insubordination

Slacking off on the job

ect.

Answer 3

Depending on the size of your company the employee is probably protected under FMLA. use this link:

http://www.dol.gov/esa/whd/fmla/

Answer 4

There should be company policies about that.contact human resources dept.Without proper leave of absence request forms thru human resources(which you need to offer)of course w/o pay.to secure job position upon returning..allows you to hire a temp.helps w/ payroll..if this is turned down..Then due to poor attendance and absenteeism you must look after the welfare of the company and the other employees and let the person go w/ great regret..and if possible give 2 wks severence..But as I said first contact human resources dept..If you are human resources, then look up state right to hire and fire laws..Good luck..You got to save your own butt too..

Answer 5

Are the abscences causing a stoppage or backup in the work flow cycle?

Can you work around the illness - maybe have employee work extra hours other days or work from home?

Do you need to let him go or do you dislike him?  Be sure this is not a personal thing.  

Is he disabled?  Ask the Americans With Disabilities Assoc.  I'm sure they have a website.

Too many times it is an excuse to terminate someone for reasons other than missed days.

I hope this is not the case here.

Answer 6

There is a difference between being fired for being ill or having a disease and being fired for excessive unexcused absences.

Most HR manuals that employees sign when they are hired will clearly state a policy for time off: vacation, child or elder care, leave without pay, and sick time.  When you sign it, you are under contract to abide by it and accept any consequences listed.

Most employers I have worked for require that you call in each day prior to your shift to tell a supervisor that you are ill.  Any absence over three days must have verification from a doctor or clinic nurse.

Any unexcused or unreported absence can result in immediate termination, even if it's only one day.

Remember -- your employer hired you because they needed your particular skills and it causes hardship to them and your co-workers when you are out without prior notice.

Blessings and Good luck!!

EDIT -- interesting that even though you do not state whether you are the worker or the manager, most people are answering as if you are making the decision rather than worrying about your job.  Hmmmmm

Answer 7

sure but don't tell them that is the reason ---just poor job performance

Answer 8

Depending on what you state you live in, they can be released form emploment for no just cause. Its called "at will" employment.

In regards to FMLA they have to fill out paperwork have it apporved,ect. for it to be active.

When the at-will doctrine is applied by a court, here is what happens as a matter of contract law:

A job that is described as "permanent" does not mean that it will last forever. It means only that the job is not temporary or not seasonal.

The employer can discharge the employee at any time and for any reason.

The employer can discharge the employee for a really stupid reason. For example, simply because the employee asked for a day off.

The employer can discharge the employee without any warning. For example, for the very first time the employee comes in 5 minutes late.

The employer can discharge the employee without offering the employee any kind of "hearing" or chance to explain.

The employer is not required to give an employee two-weeks notice, or any advance notice at all.

The employer is not obligated to tell the employee the reason for the discharge.