In IA, is the following okay?

UPDATED: Sep 30, 2022

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In IA, is the following okay?

My boyfriend, who has a herniated disc, and filed the correct paperwork to his company, and was told by doctors not to return to work, that he is terminated via phone call due to not being there long enough to get FMLA or any sick days or vacation. Is this legal?

Asked on November 2, 2016 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is perfectly legal. The law does not require an employer to retain an employee who cannot work--employers are hired and paid, after all, to do a job. An employer may terminate an employee who misses work, even due to a medical condition, unless the employee has earned and used paid time off (e.g. sick or vacation days) or FMLA leave to cover the absence. If an employee misses work without FMLA leave or using PTO, he may be terminated--and again, it does not matter if the reason is medical. 
Employees may be terminated by phone call; there is no requirement that it be done in person.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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