Can I terminate an employee for excessive absenteeism due to illness?

You cannot fire an employee for being sick. But most employers have an attendance policy and instead would document unexcused absences over a period of time, and eventually fire them for excessive absenteeism, after a series of warnings.

Is it harder to fire someone on FMLA?

The FMLA also has an antiretaliation provision. Employers cannot fire employees for requesting or taking FMLA leave. Knowing these provisions puts employers in a potentially difficult situation when faced with the need to terminate an employee who happens to also be on FMLA leave or who has recently returned from it.

What happens if you don’t qualify for CFRA?

During these 12 weeks of CFRA, you can get 6 weeks of partial pay though Paid Family Leave (PFL) and the remaining 6 weeks are unpaid. However, if you don’t meet all the CFRA requirements below, you are not entitled to job-protected time off for bonding following PDL.

How long does an employer have to hold a job for someone on medical leave in New York?

That equates to about 156 days. Employers are only mandated to follow the FMLA if the company has 50 or more employees. Employers may also ask for verification, at which time, employees must produce it within 15 calendar days. Once the leave ends, employers must reinstate the employee.

How do you terminate someone due to attendance?

7 Things to Do Before Terminating an Employee For Poor Attendance

  1. Have an Employee Attendance Policy.
  2. Have Clearly Defined Job Descriptions.
  3. Maintain Daily Employee Attendance Records.
  4. Have a Designated Point of Contact for Sick Leave Approval.
  5. Implement an Early Warning System.
  6. Create a Performance Improvement Plan.

What other options are there besides FMLA?

Alternatives to FMLA Leave

  • Employment Law.
  • Employment Discrimination and Harassment.
  • Overtime and Wage & Hour Laws.
  • Employment Contracts & Hiring.
  • Workers’ Compensation and Disability Benefits.
  • Class Action Employment Lawsuits.
  • Defamation in Employment.
  • Employee Benefits. Medical Benefits for Employees.

What is the difference between ADA and FMLA?

The Americans with Disabilities Act (ADA) applies to employers with 15 or more workers. The Family and Medical Leave Act (FMLA) applies to all government employers (local, state and federal) and to private businesses with 50 or more workers within 75 miles (with some exceptions).

How long does it take for a leave of absence to be approved?

Once the medical documentation has been processed the leave will usually be approved within 12 hours. For more on Leaves of Absence, click here.