Can I terminate an employee after a specific number of sick days?

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Can I terminate an employee after a specific number of sick days?

I am an writing an employee contract and was wondering if I can say that the business, at the expiration of ___ days of cumulative sick leave, shall have the option of terminating this Agreement. Can I say this and (or) is there a specific number of days I need or can I make it up to my discretion.

Asked on December 31, 2011 under Employment Labor Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would not have language in the employee contract about termination of an employee's services after a certain number of sick days. The reason is that the employee could suffer a work related injury and you would not be able to terminate the employee legally due to this.

I would have language in the employee contract referencing any employer-employee handbook and expected conduct. Your contract should state that the employee is terminable at will. I recommend that you consult with a labor attorney for the wording to be drafted in any employee contract to protect your interests and have the attorney draft the agreement that you want done.


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