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10:54 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Is it possible that after having 128 hours of sick time, a company can fire you for calling out sick?
Question: Is it possible that after having 128 hours of sick time, a company can fire you for calling out sick? I was terminated from my employer after
11 years because being out sick was not considered excusable. I was also told that whether I had a doctor's not or not that did not matter either. The company I worked for was Wal-Mart.

Answer: Possible, yes. Your employer's policies may spell out the circumstances under which absences are considered excused, and how many sick days or other excused absences will be permitted before disciplinary measures may be taken. If your illnesses were more serious than colds, flu, etc., you might consider whether you have or had a "serious health condition" under the federal Family Medical Leave Act, or FMLA. If you had, for example, pneumonia, and that caused you to have to miss several days of work, it's possible you could have obtained certification from your doctor that you had a "serious health condition," at which time you would be eligible for unpaid leave if you were otherwise eligible. You might consider accessing the U.S. Dept. of Labor website, www.dol.gov, for more info on FMLA.
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