Can an employer legally terminate an employee for missing too much work due to health reasons?

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Can an employer legally terminate an employee for missing too much work due to health reasons?

Asked on February 14, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, an employer may do this. The law does not require an employer to employ someone who misses work without the employer's permission or without using paid time off (e.g. sick days) which he or she had earned to cover the absence.There is an exception if the employee took FMLA leave (or its state-law equivalent). However, FMLA leave is only available 1) if the employer has at least 50 employees within a 75-mile radius; 2) the employee has worked there more-or-less full time for a year; and 3) the medical condition is sufficiently serious. You can find the exact requirements on the Department of Labor website.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, an employer may do this. The law does not require an employer to employ someone who misses work without the employer's permission or without using paid time off (e.g. sick days) which he or she had earned to cover the absence.There is an exception if the employee took FMLA leave (or its state-law equivalent). However, FMLA leave is only available 1) if the employer has at least 50 employees within a 75-mile radius; 2) the employee has worked there more-or-less full time for a year; and 3) the medical condition is sufficiently serious. You can find the exact requirements on the Department of Labor website.

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