I have illness and my son has one to i have to take days off of work can i get fired for that.

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I have illness and my son has one to i have to take days off of work can i get fired for that.

I have lichen planus it a autoimmune
disorder i just found out couple of
weeks ago. And my son has austim and he
has a doctor he goes to…

Asked on April 29, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you can be fired for missing work for medical care or illness unless you do one or both of the following:
1) Have and use sufficient paid time off (e.g. sick days) to cover the absences; and/or
2) If your company is covered by FMLA (basically, at least 50 employees within a 75-mile radius) and you are eligible for FMLA (worked there at least a year; have worked at least 1,250 hours in the last year), you properly use FMLA leave for any absences (you can find the FMLA rules on the U.S. Dept. of Labor website).
Otherwise, if you don't use PTO or FMLA leave for absences, you can be fired, even if there were medical reasons; the law does not make employers keep employees who do not or cannot go to work.


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