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Can they fire him for hospitalization - Illinois Illinois

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  • Can they fire him for hospitalization - Illinois Illinois

    I have a question, if a person works for a company with 25 employees in Illinois and they required hospitalization for depression and possibly even drug use for several days, and there is no sick time policy at the company, can they fire him? If they do fire him, is there any course of action he can take and would FMLA apply?

  • #2
    Since the company has only 25 employees, FMLA would not apply. A company must have 50 employees minimum before FMLA takes effect.

    Since FMLA does not apply and since Illinois has no applicable state law, the employer is not obligated to provide any medical leave.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      leads to another question

      Originally posted by cbg View Post
      Since the company has only 25 employees, FMLA would not apply. A company must have 50 employees minimum before FMLA takes effect.

      Since FMLA does not apply and since Illinois has no applicable state law, the employer is not obligated to provide any medical leave.
      If this company did not allow the employee time off for surgery and explicitly said that person would be fired if they took the time off and the employee therefore did not have the surgery, resulting in even more serious damage to his health, physiclly, are they responsible at all? if he had the surgery he would be fired, no surgery and his injury is more serious?
      thank you very much

      Comment


      • #4
        It would be "his" (whoever "he" might be) decision to put off the surgery in favor of his job, so I don't see where the employer would have legal responsibility.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by only1mrsfish View Post
          If this company did not allow the employee time off for surgery and explicitly said that person would be fired if they took the time off and the employee therefore did not have the surgery, resulting in even more serious damage to his health, physiclly, are they responsible at all? if he had the surgery he would be fired, no surgery and his injury is more serious?
          thank you very much

          The employee could try to bring a tort cause of action. Maybe negligent infliction of emotional distress? Sure seems like someone somewhere ought to be able to figure out some sort of creative way of sticking it the employer in this context.

          The only problem comes from the fact that you would have to find an attorney that is willing to put in the time, money and effort needed in exchange for a slim chance at winning any substantial award.

          Most people dont realize how badly we need employment law reform. Maybe someday they will.

          Eric

          Comment


          • #6
            Originally posted by sposito View Post
            The employee could try to bring a tort cause of action. Maybe negligent infliction of emotional distress? Sure seems like someone somewhere ought to be able to figure out some sort of creative way of sticking it the employer in this context.

            The only problem comes from the fact that you would have to find an attorney that is willing to put in the time, money and effort needed in exchange for a slim chance at winning any substantial award.
            Oh, please.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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