is it illegal to get fired for missing work because of surgery?
I am getting my wisdom teeth removed and am scheduled to work 2 days later, my boss said I am required to come in and have to come in or I would be fired even with a doctors note, even though my face would be swollen, I would be on pain pills, and barely even able to talk. Is it illegal to fire someone over th
if it is illegal, what can I do?
- BortLv 68 months ago
An employer is not required to allow or accept an absense. If you have vacation or sick days use those days if you have to. Usually if you're terminated for absenses, especially if your absenses aren't habitual (you don't call off often) and are for reasonable reasons - being on medication that advises against operating machinery while taking it is a reasonable reason to be absent if you're a machine operator and they can't or refuse to put you on light duty, people are usually granted Unemployment Compensation Benefits. They collect.
You didn't mention what you do at work. If you have a desk job, yeah it's going to royally suck, and you want to keep your job you have to go in.
Me personally? I would say screw this place and let them fire me and file for unemployment the very same day they let me go. It's a 6 month paid vacation! And they have to find someone to replace you. I would leave them with the choice of allowing me the 2 days off I need to fully recover and be functional, or take the 6 months off with pay from the State.
It hurts employers in several ways when a terminated employee is approved to collect. The employer pays more insurance into the unemployment comp. stuff. It also goes on their record with the state unemployment office. If they're fire happy and have a lot of people filing claims against them the employment benefits office is less likely to deny benefits to people who file because they were terminated from that same employer.
- 8 months ago
If you're in a right-to-work state, you can be fired for less. Do what I, and some of my coworkers, have done: Show up to work looking miserable, in pain, and on meds and your boss will be so embarrassed they'll send you home without penalty.
- StephenWeinsteinLv 78 months ago
Your face should not be swollen 2 days later. I had a wisdom removing at about 4 p.m. and was back at work at about 8 a.m. the next morning.
Even if it was illegal to fire someone for missing work during the surgery and the time immediately after that you legitimately cannot work, there's no reason for it to be illegal to fire you for refusing to return to work 2 days after a wisdom tooth removal, when you should be able to work by then.
- SlickterpLv 78 months ago
Doctor's note in now way keeps them from firing you. Not illegal at all.
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- `Lv 78 months ago
It sounds like there's more to this situation. You'll be able to talk after surgery. Go to work and bring an ice pack.
- Anonymous8 months ago
You are using this to get a day off. So what if your pretty little face is a little swollen? Now a days one can have surgeries and be back at work the next morning. Gall bladder and appendix come to mind. GB out one afternoon and out running around the next morning!
Yours is far less of an invasion and hell you might feel a little bad but life works that way. There is nothing illegal about it they can fire you pretty much if you part your hair on the wrong side according to them.
- TavyLv 78 months ago
I went to work the next day. This is not a major operation. You can work.
- JazSincLv 78 months ago
Two days later? The swelling should be gone, you shouldn't be needing pain pills any more, and you should be able to talk.
- 8 months ago
If he would be planning on firing you over this, then even if he does not, I would think your time there is not long lasting. You should get everything in writing and start looking for a new job. Or what about paying for a temporary employee to fill in for you.
By the way, having your wisdom teeth removed does not necessarily mean that your will be on pain pills or not able to talk. I did not have these issues.
- TardisAndTheHareLv 78 months ago
State laws vary. California laws (website below) in a very recent bill (2016, signed by Governor Brown) says that if you work for 30 days within the same year, you are entitled to paid sick leave. As I understand it, your boss doesn't want you to have leave at all even with a doctor's note.Source(s): https://www.dir.ca.gov/dlse/ab1522.html