Legal Question in Employment Law in Iowa

Firing based on sick leave

Can you fire someone based on the fact that they have taken too much sick leave? Their performance is not up to par. If he or she is fired, what can I, as the HR manager, be accused of legally?


Asked on 12/11/06, 11:50 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Firing based on sick leave

An "at-will" employee ( one without a written contract for specific term) can be fired just because its Tuesday. IE, no reason at all.If they are in a union, or are fired for ILLEGAL reasons (religion, failure to have sex, whistle blowing etc.) the employer can be sued for wrongful termination,but unless the employee has some disability and protected under the ADA, excessive use of sick leave is NOT protected.

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Answered on 12/12/06, 10:15 am


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