Is it legal to fire someone for calling out sick without verbal or written warnings?

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Is it legal to fire someone for calling out sick without verbal or written warnings?

Can you still get fired even with the ability of obtaining legal documents dictating that you are ill?

Asked on January 7, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can fired if you missed work without the absence been approved by your employer, covered by the use of PTO (e.g. sick or vacation days), or covered by the use of FMLA leave (assuming you and your employer both meet the criteria to be covered by FMLA), even if the absences were due to illness: the law does not require employers to retain employees who have unexecuted or unapproved absences. 
There is no requirement for prior warnings before termination, unless you had a written employment contract requiring warnings.


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