Should you be fired because you took too many sick days?

Question

I have labrynthitis,an inner ear condition, and I have been fired because I took "too many sick days" (I get 5 PAID, and have taken 9 total - 5 from my illness, and 4 from October to February).

My illness has no bearing on my professional ability. These kinds of circumstances have never occured to me before. I have been with this company for two years.

Answer 1

What's done is done. It might be better to move forward in an informed manner. If, however, you think that violations were made by your former employer, take them up with your state's labor board. If not, chalk it up as a costly lesson, but a lesson nonetheless.

Your condition is a chronic one. A perfect fit for you would be an employer that has very liberal time off, as well as one whom offers great health benefits, and perhaps even optional long-term disability insurance.

Those companies exist, but you really need to do your homework. Don't just take the next job that somes along. Rather, research companies in your area based on their rate of pay, benefits, time off, and leave policies, versus your skillset. If you need ot improve your level of skills in order to qualify for a particular employer, then do what you must as your livelihood is at stake.

I am unaware of other countries' employment policies. If you are in the US, however, within the interview process the employer cannot ask you about the status of your health, although the application can ask if you have sufficient health to perform the job's requirements.

Until 1999, I worked nine years for a state agency. The pay was great--particularly in the latter years. Benefits were very reasonable, plus I also took out additional optional disability insurance. It paid me during the time I had to take off to have foot surgery. I was also elibible for FMLA (the Family Medical Leave Act) because I have a number of chronic and deterioritive conditions as a result of being hit by a car several years prior to my employment. I had to have my physician complete a BURN form, which outlined all of my pre-existing, chronic, intermittent conditions. That way, if I had to call out sick when one of those problems flared up, I was not penalized.

Upon leaving that state's employment and subsequently moving to Las Vegas, I found that employers are not as generous here, in terms of benefits. A breathing problem developed last year (I had been working in a casino, and was exposed to cigarette smoke for nearly three years.), and the consequential bedrest triggered my back condition. I tried to return to work, but was physically unable.

I wish you the best, and hope you find the right fit that is mutually beneficial.

Answer 2

There are different ways to look at this:

1. If the company cannot appreciate your circumstances then they don't appear to appreciate your contribution either. So maybe it is not the kind of place that you would have liked to stick around with for the long term.

2. If the company simply cannot afford to have you missing work then your being fired was the "correct thing to do" from their perspective.

3. If you can (and do) make up the work whist not being @ the jobsite then there's no reason to fire you since the job is getting done.

Answer 3

Well, if you had a doctor's signed permission to miss work, that's one thing. But if you accepted the job KNOWING that you didn't get that many sick days, then I would say it's just too bad. Suck it up and go to work anyway. An inner ear condition hardly keeps you from going to work. And if, as you said, it has no bearing on your professional ability, then you shouldn't have been missing that many days for it. It's your own fault. Better find another job.

Answer 4

I can't say yes or no if you have been working there for two years then they should know about your sickness hired you knowing of your problem then I don't think that they should have fired you on the other hand if you just Begin to have the ear problem and has used it to have take the days off and has used up all your days then yes they should have fired that a**

Answer 5

They know you're a good employee and not being at work 9 days from a total of 5 months, giving your circumstances are quite good. A suggestion you could make to your boss is to ask him/her if you could do some of your work from home during the weekends sometimes if they're really behind and you're in jeopardy of getting fired. That's a way to recover. If they know you're a good employee and you get all your work done in the time period allowed, there should be no reason to fire you.

Answer 6

Companies can not fire you for a legitimate health problem if you had doctors notes to back up the condition. After one year you are eligible for FMLA (family medical leave act) which enables you to take off of work for approved medical conditions. Get a lawyer if you were not informed of your FMLA rights and you have documentation to back up your claim.

Answer 7

you're hired to do a job. they're expecting you to be at work. there's plenty of people out there who will show up to work. if you need more than the 5 allowed sick days, you should've made that VERY clear upfront.

Answer 8

If your problems are interfering with your job, then yes. They rely on you to be there when you are supposed to be there.

If you feel this is discrimmination because of your illness, you should discuss this with your state's work enforcement board.

Answer 9

unfortunatly..yes...business'es now a days don't really care what problems you have,,,they feel if you can't be there then they don't want you..also...if they get rid of the higher salaried people they can hire new people for less...even though it costs them more in the training...but they save on benefits and the wages

Answer 10

Doctors note or not, they hired you with the assumtion that you were physically able to perform your job. This would include being able to show up to perform your duties.