Can an employer fire someone on sick leave?

Firing someone for being sick can constitute a wrongful termination if an employee’s sickness rises to the level of a legally defined disability. Therefore, if an employee’s sickness falls under one or more of the definitions of a disability, an employer usually cannot simply fire him/her for that sickness.

Is surgery classed as sick leave?

There is no statutory right to time off for a person who elects to have surgery however they are more than likely to be unfit for work for a period of time following the surgery. For the purpose of statutory sick pay, (SSP) it is irrelevant that the employee’s ill health may have been self –induced.

Can a employer ask about a medical leave of absence?

This is often a mistake. As a general rule, an employer should never ask about an employee’s underlying medical condition or diagnosis, either orally or in writing. If the employee has a serious medical condition, the leave may be protected by FMLA.

When does an employee qualify for hospital leave?

When the employee requires rest or further medical treatment for the condition after his discharge from the hospital to recover. There may also be other specific circumstances such as Quarantine Orders as required by law which would qualify employees for hospitalisation leave.

Is the employer required to pay for sick leave?

Quarantined under any written law. Employers are not required to grant paid sick leave or pay medical consultation fees for cosmetic procedures. The medical practitioner performing the examination will decide whether a procedure is for cosmetic reasons. Your company policy may cover this as an employee medical benefit.

What happens to health insurance during FMLA leave?

During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions. Covered employers: The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite.

Is it legal for an employee to go on medical leave?

Federal, state, and local laws provide assorted job protections for employees needing leave for a variety of issues. Employees with health problems present many challenges for employers, given the extensive regulation and general sensitivities surrounding medical issues.

How does the family and Medical Leave Act protect employees?

The law sets requirements for notice, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances. The law protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights.

Can a employer give an employee an extra leave of absence?

This is not necessarily true. If the employee continues to have a medical condition that constitutes a disability under the ADA, the employer may have to provide an extra leave of absence, beyond the 12 weeks of FMLA leave, as a reasonable accommodation to that employee.