Can You Fire Someone for Leaving Their Job Because They Are Sick?
In every state except Montana, which offers limited protection for employees who have completed their probationary periods, employment is "at-will," which means that the employee can quit at any time and for any reason. Similarly, an employer may fire the employee for any reason, including leaving work early because of illness. Only in limited circumstances is an employee protected if he takes sick time.
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Employee Covered by Contract
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Union members or other employees covered by an employment contract may have certain protections. For example, the contract may list all of the reasons an employer may terminate the employee, and leaving work early on a single occasion may not be one of the acceptable conditions. However, a history of absences, regardless of the reason, may be grounds for termination if the employer follows the procedures contained in the contract. Depending on the state, an employer's policy may constitute a contract even if it is unwritten.
Employees with Disabilities
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The Americans with Disabilities Act protects workers with mental or physical disabilities. Employers must make reasonable accommodations for such employees. If the employee must leave work due to his qualifying condition, an employer could be found guilty of discrimination, particularly if the employer did not offer reasonable accommodations for the employee that might have prevented the illness.
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Work-Related Illness
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If the employee leaves work due to a work-related illness, the employer may wish to proceed carefully. State laws vary considerably; some allow an employer to terminate an employee if it must fill the vacancy immediately, but others may require the employer to hold a position open that is equivalent to the one held by the employee when he became ill.
Employee Covered by FMLA
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The Family and Medical Leave Act permits qualified employees as many as 12 weeks of unpaid time off due to a serious medical condition of their own or of a family member or to care for a newborn child. FMLA defines a serious illness or condition as one that requires inpatient care, absences for multiple professional visits or treatment for a chronic, serious condition. Pregnancy is a covered condition, including prenatal care. Certain state laws may provide even greater protection to the employee.
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