Legal Question in Employment Law in California

Excused absence leads to termination?

The company I've worked a year for, which employs less than 50 people, recently wrote me up for 4 absences within a 6-month rolling period. Unfortunately, I got sick two weeks later and had to call in again. When I returned to work the next day, I provided my supervisor with a doctor's note. He is now threatening me with another written warning which can lead to termination. I was under the impression that an excused absence, like an illness confirmed by a doctor, will not count against me. Is this true? Is there any law that clarifies what an excused and unexcused absence is? And can my employer terminate me for being sick?


Asked on 5/31/06, 5:47 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Excused absence leads to termination?

Sorry to tell you that small employers (under 50 employees) can discipline or terminate for excessive absences. It doesn't matter if the absence is due to a legitimate illness. Certain illnesses, that are chronic or permanent (cancer for example), may be considered a disability, and are afforded certain protections. But your question implies something less serious. FMLA does not apply here.

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Answered on 6/06/06, 5:28 pm


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