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Question: Employment and Labor - Pennsylvania

Asked on 11/4/2009

I got fired staying home with the flu

I was working for a temp agency and was on probation. I contacted the H1N1 flu and was very sick. I went to the docs got an excuse, called in,  and got fired because I was sick and on probation. Can they do this? There's no way that I could work with a temp of 102; I was told that I was contagious till my fever broke (24 hours). Everywhere they say to stay home.


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Answers (1):

SJZ, Member in Good Standing of the New York Bar


If your temp agency did not provide you with sick days to use--or if you exceeded them--then yes, you may be fired for absenteeism. Businesess are not required to heed governmental and health advice to let people stay home; that is especially true of  temp positions, where the whole point is to have someone available right away to fill in or pitch in.



  • Answered on 11/4/2009
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