Can an employer let you go because your kids are sick often?

Question

I would appreciate everybody's help on this one. Is there anything in the federal or state (NY) law regarding employer's right to let you go if you're absent too often. I have a little child and will probably start a new job within a couple of months; I already have the questioning and strange looks at the current job. Can they let me go if I have to stay home with a sick child and how often is too often? I am not a rocket scientist :))) and I am certainly replaceable but still will they let me go? Isn't that discrimination?

Answer 1

As much as you want the company to care about you, your ability to remained employed by them is pretty much dependent on you doing their job for them. Why should they keep paying you if you are not doing the job they are paying you to do?

With that being said, most companies have policies about how often their employees can miss. I'm salaried and because of that I get 20 days of sick pay each year. But the hourlies get X number of sick days...and if they use beyond that they must use vacation....and if they go beyond that it must be unpaid (which is pretty much dangerous territory with respect to keeping your job).

Answer 2

New York is a work at will state, meaning either side can terminate employment at any time with or without cause or notice. Missing work often to take care of a sick child is not discrimination, so your employer would be within its rights to let you go for whatever they consider too many absences.

Answer 3

The company can terminate your employement for excessive absenteeism as defined by the company's attendance policy. The reasons for absence are irrelevant - whether you are tending to a sick child or going to the beach, you are not at work.

If you have a disabled or chronically ill child, or if your child is seriously ill, you may be entitled to unpaid leave time under the Family Medical Leave Act (FMLA.) check with your employer or with your local labor board. You will need certification from a health care provider that your care is required for the child.

Answer 4

No it is not discrimination if you are constantly missing work due to your child, and are let go.
Unless you are pregnant, and they let you go for missing work, then it is discrimination.
Missing more than a day or so a month for many employers is to often, as they are expecting you to work, not attend to your personal affairs, even if it is your child.