Employee rights

  Terminating an employee who is absent from work is not unlawful regardless of whether you have a doctor's note or sick/vacation leave.  The only way this would be a violation of the law is if your sickness was part of a larger issue such as a serious health condition or disability.  If it was either, then you might - not certain, but might -- have rights under one of the two following laws:   The Family and Medical Leave Act (FMLA) provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition.  Not all employers and not all employees are covered by FMLA.  The serious health condition can be the employee's own or of an immediate family member. At a minimum, the employer must have at least 50 employees and the employee must have worked at least 12 months and more than 1250 hours. In general, things such as colds, the flu, upset stomach, dental problems and the like are not serious health problems. If an employee on FMLA is able to return to work in 12 weeks or less, then the employer must return the employee to the same or equivalent position.  Employees are also allow to take FMLA on a intermittent basis (here and there as needed).FMLA makes it unlawful for a covered employer to interfere with an employee's FMLA rights or leave or retaliate against an employee for exercising FMLA rights.       The Americans With Disabilities Act (ADA) prohibits discrimination against employees or applicants for employment due to a disability.  The ADA also requires an employer to provide a reasonable accommodation to an employee or applicant with a disability that will allow the person to perform the essential functions of the job.