Can one be terminated if taking off too many days for being sick?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can one be terminated if taking off too many days for being sick?
If I am seeing a doctor for medical issues and take off sick due to my illness, can a contracting company terminate my employment? Prior to this, I always volunteered for overtime and worked on-call many times without any issues. I love my job, however I have been told that I have taken too many days off sick. They never took into consideration the amount of overtime I volunteered and worked the hours.
Asked on September 5, 2016 under Employment Labor Law, West Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unless you have sick days or PTO to cover your absences or you are protected by the FMLA (the Family Medical Leave Act), then your employer can terminate you for excessive absences, no matter the reason. After all, attendance is a basic requirement for most jobs. The exceptions would be unless such treatment constitutes some form of legally actionable discrimination (which it does not appear to since you have no diagnosed disabilty). Also, such an action must not violate the terms of an employment contract or union agreement. Otherwise, a business can set the conditions of employment much as it sees fit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.