hi, I would like to ask you a question.. Under the FMLA leaves act., after an employee have exausted all the allotment days allow to use.. Can an employer fires him/her if the employee continue calling sick? Are there any legal action that can be taken? or any suggestion?
1 Answer from Attorneys
In most cases the employer can terminate after FMLA is exhausted. In some cases under the ADA the employee can seek some additional unpaid leave to avoid being fired. Feel free to contact us at www.behrenlaw.com or www.takethisjobnshoveitblog.com to discuss further.