Sick Leave

Can employer fire an employee who is on sick leave?

According to the law, it would have to be decided on a case-by-case basis and would largely depend on the nature of the illness. Generally, short term illnesses that do not have a long term impact will generally not make a good lawsuit. On the other hand, certain disabilities that are recognized by either or both the Fair Employment and Housing Act and Federal Americans with Disabilities Act may be eligible for protection under the law and your employer should be cautious about termination of employees on long-term sick leave. You may be entitled up to 12 weeks per year under California Family Rights Act if your illness qualifies.

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