Fired for illness after 3 days lost because is new employee with no sick leave

[palawquestioner]

My son is a Nursing Home Social Services Director. He has been with this employer 3 mos and does not yet have sick leave. The Nursing home is under quarantine by the Dept of Health for the number of patients with flu and pneumonia. He has 3 small children (4,2 and 4 mos) whose health & well-being he jeopardized by going to work since the quarantine began.

My son contractred both these illnesses as documented by a physician at the ER following blood tests and Xrays. His temp was 104. He was given excuse from Dr. for the 3 days he missed.

He called in to report his condition, as he did each day, and they fired him citing he has no sick leave. Can they do this?

There is no union.

 

[shrinkmaster]

Yes they can.

 

[Unregistered]

yes, this is what nominated as president mitt romney would have ran this country the way your being fired. if you want this to not happen move to a more left wing state the only reason mitt romney became known as a person to the public is because he would ruin jobs like yours and have big companys scrap all the good stuff from where you work and then leave it for dead them move on to the next company to melt all the funds out and ditch it luckly obama is trying to make it so people like mitt romney cant ruin your life this is alot bigger than health care this is peoples jobs and their country and their freedoms and i know that the president after obama is going to be called the biggest presidents to create change the only problem is your only seeing the delay of what obama did as the first 4 years of obama's office he had to deal with ALL OF BUSH's changes in office so stop pointing fingers its a wave or a buffer that takes time to change yeah obama made weed more legal and he had to wait the 4 years of bush's bullshit that bush created while he was president NOTHING BAD HAPPENING TODAY IS OBAMAS FAULT BUSH KNOCKED DOWN THE TOWNERS FOR AN EXCUSE TO GO TO WAR BIN LADEN IS CIA WE THE WHOLE COUNTRY PAID FOR HIS FOOD FOR YEARS AND YEARS THEN WE FELL IN HIS OWN TRAP BY MAKING HIM A MARTYR WHAT BIN LADEN WAS AFTER NO CIA OPP GETS A THANK YOU OR EVEN A REAL NAME THEY ARE GHOSTS!!!!!!!!!!! AND HE MADE HIM SELF NOT A GHOST BIN LADEN HAD TO TAKE THE BLAME AND WAS MOST LIKELY HAPPY TO and gay marriage is just a distraction from the more important politics that are CURRENT to date

 

[cbg]

I can't say I agree with the employer's decision but since he has not worked for this employer long enough to have protected sick leave ("sick leave" and "protected sick leave" are two different things - eligibility for protected sick leave is set by Federal law), they can quite legally fire him for taking any time off at all, regardless of whether he has a doctor's note or not. A doctor's note has legal weight only where FMLA is concerned, and FMLA does not apply here.