How long can an employee be out and absent before I as an employer start hiring someone to replace them?

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How long can an employee be out and absent before I as an employer start hiring someone to replace them?

Asked on February 15, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer can replace an employee at *any time*--unless the employee has a written employment contract guarantying his job, he is an "employee at will" and the employer could elect to terminate or replace him at any time: no need to wait, except as below.
In terms specifically of illness/medical related absences: an employer cannot replace someone who is using FMLA leave, while they are using it, or if he is using sick days they earned, while they have days to use. The day they exceed FMLA leae or earned sick leave and are still out, they can be replaced.


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