A friend was told by his doctor to take a few weeks off work. Now his boss is firing him for missing so much work. Unfortunately, the doctor has no idea what my friend has.
Also, this triggered a similar question; my mother and I were debating about this - she says that even if a person is practically on their death bed, his boss has the legal right to fire him for missing work, and the employee can’t do anything about it. That can’t be right, though, can it? Is my mom right?

It all depends. If a company has over 50 employees and the employee has worked there for over 12 months, they would be eligible for Family Medical Leave. This is unpaid but provides for job protection for 12 weeks.
If the company is 49 or less employees, there is no requirement for a company to keep the person employed.

It’s unfortunate but absenteeism costs companies a lot of money. If the employee is not there to do their job, the job usually doesn’t get done.

Posted by: admin -

6 comments for “Is it against the law for a boss to fire an employee because he was out sick?”

.1
adrift

Yes, your mom is right. You are expected to work as the company is relying on you to produce something for their company. If you aren’t going to be there, they can just as easily replace you and get someone they can rely on.
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November 27th, 2009 at 6:05 pm
.2
Commander Thrawn

It is legal. Why wouldn’t it be? It might seem unfair but that is the price of a job. It is illegal to fire someone discriminatorily however. Like cause they are a certain race, gender, etc.
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November 27th, 2009 at 6:53 pm
.3
Ryan M

You mom is right. If you cannot perform the functions of your job, then OF COURSE you can be fired. That is as simple an explanation as you will get. Having a job is NOT an entitlement.
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November 27th, 2009 at 7:43 pm
.4
oldcork

if there is no union they can fire you for any reason that they want i know it sounds wrong but thats the way they do bussines in this country,they can even fire you for not wearing the right shoes to work.that is part of our great usa
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November 27th, 2009 at 8:29 pm
.5
sbinlb

It all depends. If a company has over 50 employees and the employee has worked there for over 12 months, they would be eligible for Family Medical Leave. This is unpaid but provides for job protection for 12 weeks.
If the company is 49 or less employees, there is no requirement for a company to keep the person employed.

It’s unfortunate but absenteeism costs companies a lot of money. If the employee is not there to do their job, the job usually doesn’t get done.
References :

November 27th, 2009 at 9:12 pm
.6
Yours Truly<3

even though i think its pretty cruel and unreasonable, i think its how the system works. i feel very sorry for your friend though and hopes he gets better soon :)
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November 27th, 2009 at 9:33 pm

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