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| *Ostroff, Fair and Company>>>Law & Legal |
Can a workplace fire people for calling in sick often? |
isn't it against the americans with disabilities act It really depends...if you are abusing your companies sick day policy and have no written documentation from your doctor then they can fire you. If you have doctors notes backing up your missed work then you may qualify for FMLA. Keep in mind that you must have worked 1250 hours in the last year and your work place must have 50 employees to qualify for FMLA. they might find other reasonbs to let you go if they feel you are being truent Calling in sick is not covered in the Americans with Disabilites Act. That covers that if an employee has a specific condition the employer must make appropriate accomodations to allow a person to be a productive worker. This might mean putting in wheelchair ramps, or getting ergonomic chairs, or making sure the items in the workplace are where a person can reach them, that restrooms are appropriately equiped for all to use. In other words, ti is to give everybody access to work, no matter what their physical limitations. Calling in sick, happens, but calling in sick too much is the person not being productive. Not being a productive employee is not covered in the ADA. Yes, you should not abuse the system in place, if you have health problems physical or mental talk with your supervisor. Inquire about a leave of absence or using vacation or comp time. The thing about calling out is it leaves them unprepared. The other way, they know in advance you wont be coming in. No, calling in sick is not the same thing as having a disabling condition under the ADA. You could be calling in sick to go to the beach. The ADA simply requires that an employer treat disabled employeed the same way as it treats non-disabled employees - so if every employee is held to the same attendance standards, the employer is ADA-compliant. The ADA does interact with Family Medical Leave law to provide unpaid time off for employees who have disabilities and require medical treatment. The employee must provide a physician's statement indicating the need for time off, and there are other leave requirements that must be met as well. Hope this helps. |
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