Can an employer fire you due to morning sickness?
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Can an employer fire you due to morning sickness?
The employee has no previous unexcused (without a doctors note) absences or poor performance reviews. An unpaid leave was requested by the employee and denied.
Asked on July 31, 2012 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the employee misses work without approval/authority from the employer and the employee does not have (and use) some form of paid time off (such as sick leave) to cover the absence, then she may be terminated. Employers are not required to retain employees who miss work, even once, without using PTO or without approval, unless the employee is eligible for and uses some legally protected leave, such as FMLA leave (Family and Medical Leave Act). However, FMLA would not authorize leave for morning sickness--that does not rise to the level of illness which allows unpaid leave under FMLA (and FMLA only applies to employers with at leat 50 employees, anyway). From what you write, the employer could probably terminate the employee.
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