In IA, is the following okay?
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In IA, is the following okay?
My boyfriend, who has a herniated disc, and filed the correct paperwork to his company, and was told by doctors not to return to work, that he is terminated via phone call due to not being there long enough to get FMLA or any sick days or vacation. Is this legal?
Asked on November 2, 2016 under Employment Labor Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is perfectly legal. The law does not require an employer to retain an employee who cannot work--employers are hired and paid, after all, to do a job. An employer may terminate an employee who misses work, even due to a medical condition, unless the employee has earned and used paid time off (e.g. sick or vacation days) or FMLA leave to cover the absence. If an employee misses work without FMLA leave or using PTO, he may be terminated--and again, it does not matter if the reason is medical.
Employees may be terminated by phone call; there is no requirement that it be done in person.
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