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Hamamatsu Corp. - Earth Innovations LB 2/24

Is it OK to fire someone because of an illness?

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Q. Three weeks before my scheduled date of resignation, I got sick. After spending a Friday in the hospital and the rest of the weekend at home, I told my supervisor I expected to be in by the following Friday at the latest. She then told me I would be laid off because I had been absent too many times. Is it legal to fire someone because they've been out sick for several days? Is there anything I can do?

A. I would suggest you read your company's sick policy first to see what steps your company expects you to take when you are sick.

Time off and sick policies vary among companies. Yours may have a set of rules you must follow when using illness as reason to be excused from work. Some companies require employees to call in every day while they are out sick unless they request a formal sick leave of absence, in which case they must get a physician to certify their illness. Some companies may require employees to provide a doctor's note whenever they call in sick.

Whatever your company's policy may be, the Family and Medical Leave Act (FMLA) does require employers who have at least 50 employees to provide their employees with at least 3 months' medical leave. However, your employer must approve your time off, and will probably require a physician to certify your leave. You also need to have worked at least 1,250 hours to be eligible for FMLA. Of course, the law is a little more detailed than what I have described. So before you go any further, I would urge you to read your company's policy.

Good luck.

- Erisa Ojimba, Certified Compensation Professional
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PI Physik Instrumente - Revolution In Photonics Align ROS MR 3/24

Published: January 2007
Glossary
photonics
The technology of generating and harnessing light and other forms of radiant energy whose quantum unit is the photon. The science includes light emission, transmission, deflection, amplification and detection by optical components and instruments, lasers and other light sources, fiber optics, electro-optical instrumentation, related hardware and electronics, and sophisticated systems. The range of applications of photonics extends from energy generation to detection to communications and...
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