One question that Jacksonville employment lawyer gets asked most of the time is whether they can get fired for calling in sick even if they can present a note signed by a doctor. While there are pl62aces that have paid sick leave such as Seattle, Portland, San Francisco, Washington, D.C., and Connecticut, your employment can depend entirely depend on your relationship with the company. To know more about your rights, here are some of the things you need to know once you call in sick at work.
Missed One Day at Work
If you are absent for a day due to something minor like a cold, you may have no legal protection. The laws only cover those that have a severe medical condition and illnesses that are related to a disability. Even with a doctor’s note, if you live in an at-will state, you can be fired for any reason which includes being sick for a say.
Number of Employees
If your company has less than 15 employees, that means you and your co-workers are not protected by the Americans With Disabilities Act. This means that if you are out sick due to a disability or anything related to it such as surgery, chemotherapy, and other necessary treatment, you are not protected. However, if you live in a state that covers smaller employers, then you have good chances. If your company has less than 50 employees inside a 75-mile radius of your workplace, you may not be covered in the Family and Medical Leave Act. This means that you might risk losing your job even though you were absent because of a serious medical condition.
The Severity of the Medical Condition
To become entitled to a 12-week leave because of a severe medical condition, your employer must first have at least 50 employees operating within a 75-mile radius of your workplace. You also must have been an employee of the company for at least a year and has worked for a minimum of 1,250 hours. However, the state definition of “serious” is quite limited. In case you meet the Department of Labor’s interpretation of serious and you were able to see a doctor during this period, your employer will be unable to fire you on the grounds of missing your work.
In most of the cases, your employer has the right to fire you even if you can present a note from your doctor. If you have any more concerns regarding your employment, you can consult a jacksonville employment lawyer to give you the right advice.