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Can You Be Sacked For Being Off Sick From Work Even If It Is A Genuine Illness?

13 Answers

Lia Louis Profile
Lia Louis answered
The short answer is yes. It ultimately comes down to how often you are sick, whether you can go out on short-term disability and what is in your employee handbook.

No matter where you work, as long as you are working for a legitimate business, they will give you some sort of handbook when you start. If they’re smart, they will have you sign that you received it, too. Inside the handbook will give you details about your employment, including sick days and how you can be terminated. Some companies will issue points based upon days that you call off. Others will give you a set number of days that you can be absent prior to them terminating you.

These days will be a total of excused and unexcused days. Some companies are more generous than others.

If it is a genuine illness, they can still terminate you. It all depends on what the illness is and how you’re handling it. If it is the common cold or flu and you’ve got a doctor’s note, it’ll be excused, but if it continues to happen, they can terminate you. You can also be terminated if you have a serious illness but simply called out without discussing it with your employer.

Now, if you have a broken leg or arm, are pregnant, or have an illness that doesn’t allow you to do your job for a limited time, then you can go out on disability. This will require a doctor’s form and an official form to be filed with your company. If you are on disability, your company cannot sack you and you must be given your position when you return from disability.
Anonymous Profile
Anonymous answered
Can I be sacked from work after seven years service. I have been off sick for twenty six weeks with ssp,I have been informed by my specialist that due to my condition which is rheumatoid arthritis I will not be able to continue with my work, and I am now classed as disabled and receive the middle rate of disability pension. My Employer has informed me that there is  no work I can undertake with this complaint due to safety at work risk.
Would you please inform me of my rights.
Mrs Nicky Elliott.
Anonymous Profile
Anonymous answered
I have been off work for 4weeks with a doctors sick note under work related stress can my work place sack me because off the time I have been off
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Anonymous answered
I have Epilepsy and have had quite a lot of time off sick.  I am currently on SSP pay as I have used up all of my sick pay at work.  All of my time off sick has been covered by a doctors note and fully documented.  If this keeps happening can my employers terminate my employment?  Please help me out with this.
Anonymous Profile
Anonymous answered
I have had an accident at work in november and fractured my ankle, I have given my employer  sick notes up to the 18th january, and I  am seeking compensation for my injuries, losses of income through a solicitor. Can I be sacked for being off sick or as a repercussion for suing them. Please could you advise me?
Shelagh Young Profile
Shelagh Young answered
Your employer has a legal right to terminate a contract of employment if they can establish that you are incapable of doing the job. They must show they have taken reasonable steps to explore the reasons for your absence and given you adequate warning of what would happen if your absences continue to affect the work. This is called dismissal on the grounds of 'capability'. However, if your absences are related to a disability as defined in the Disability Discrimination Act your employer may need to take further steps before moving towards a dismissal. Try discussing the matter with your manager. You might discover a more flexible solution to the problems you are both experiencing.
Anonymous Profile
Anonymous answered
Yes I had quite a few absences from work due to genuine illness, surgery and was hospitalised on each occassion, although my employer knew this and had a note from hospital each time, I was still sacked!
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Anonymous answered
I have sick-note from doctor for 7 days I have been there for 18 mouth can I be sack
Anonymous Profile
Anonymous answered
I have got ibs I have bin to doc and hospital and some days I can not work can thay sack me
Anonymous Profile
Anonymous answered

I have been working for this company for 7months, I called off after telling my boss about the panic attacks and severe depression I was experiencing. I have been calling off for a week now and he told me that I would not qualify for the family leave . I only wanted to see a doctor and get back on some meds and then come back. He scared me by telling me I might loose my job so I'm going in tomorrow out of fear.Do I have any rights. I do have a history of anxiety and depression that they don't know about.

Suzuk Ioge Profile
Suzuk Ioge answered

Hi,

Sick leave time laws and pay varies by state, but depending on your condition, your situation may fall under the Family Medical and Leave Act (FMLA). If it was due to an injury on the job, it is against the law for an employer to fire or discipline an employee with a federal DOL injury claim. There are so many different laws governing each possible situation, it’s hard to say which law your situation would fall under.

Anonymous Profile
Anonymous answered
I have been working for 4 years I have suffered with work overload about 7 jobs and been given
more also I have been shouted at by a member of staff now off with stress and depression I have a doctors note could they sack me
Anonymous Profile
Anonymous answered
I am off work due to stress caused by bullying and they keep calling me for 'meetings' or 'little chats', I am refusing to go without a union rep, good luck to all workplace bullying victims who have the courage to make a stand.

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