Legal Question in Employment Law in California
Employee always calling in sick
We have several employees who are chronically ill. Sometimes they have notes from their doctors. One of them is questionable in real sickenss, the other is really always ill and will even come to work ill because she has no more paid vacation or sick leave left. What is the company's legal right to demote or lay off this person/s because each time they are out, others have to double up to do their work. Or when they come to work ill, others feel at risk.
2 Answers from Attorneys
As a general rule they can be fired
As a general rule they can be fired for missing too many days or coming to work sick. There may be an exception to that rule if the company falls under the ADA (not all companies do) depending on what the specific medical condition is.
Excessive sick days
More information is needed. The size of your company, review of your policies, the nature of the illnesses causing the absences, past practice , etc.
The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.
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