Legal Question in Employment Law in New York

The HR Department at my place of work has informed me that my absences for illness are excessive and that I may be fired if I'm am absent any more days. I have submitted written doctor's excuses for the absences. Can I really be fired for excused absences?

Asked on 7/24/09, 4:54 pm

1 Answer from Attorneys

Lawrence Silverman Law Offices of Lawrence Silverman, PC
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Generally speaking, unless your employment contract (or,, e.g, your employee handbook / manual), spells out under what "for cause' justifiaction your employer can fire you, then the employer can fire an employee for any reason whatsoever, good or bad, of for no reason.

(The exceptions are when such termination would constitute illegal discrimination of some sort, e.g., age discrimination, racial discrimination, reliigious discrimination, etc., which don't seem to apply to your case.)

Hoowever, the New York state Family Medical Leave Act (FMLA), covered employers MUST ALLOW any employee to take up to 12 weeks of UNPAID medical leave in any 12 momnth period when that employee is unable to work as a result of serious health problems.

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Answered on 7/30/09, 12:46 am

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