My husband started a new job in Phoenix, AZ three weeks ago.

Monday he was rushed to hospital and was in intensive care for 4 days. He was discharged today with a letter from his doctor stating that he could return to work next week but with restrictions for the next two weeks.

Each day I have been in touch with his employer to let them know what is happening and all the time they have been saying they are not happy about him being off work and that he would be wise to start looking for another job.

Can they legally terminate him simply for being sick and having two weeks of restrictions?

Yes, they can. Even if the employer was subject to the FMLA (and we don't know that), your husband would not be, since he had only been there for 3 weeks. It's unfortunate, but it isn't illegal. Will they not let him reapply when his restrictions are lifted?

Thanks for the quick reply Pattymd ~ even though it wasn't what I really wanted to hear.
No, I do not believe they will allow him to re-apply and quite frankly I don't think he would re-apply anyway to a company that would terminate you for being hospitalized ;)

Such is life. We will just go forward :)

Thank you again :)

I know it seems harsh... but your husband has taken off more time in his first three weeks than most people get in a year.

Businesses may seem heartless... but they have objectives to meet and can't do that when the employees don't show up. They need to put in place people that can be relied upon to come to work.

I know that your husband had a once in a lifetime issue... I know that it wasn't his routine... the business doesn't have to give him the benefit of the doubt and, apparently, hasn't.