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Can you be fired while out sick under doctors orders??

I contracted the flu and 2 days into it my managers fires me over the phone while I'm at home sick. My doctor gave me a prescription and told me I had to stay home for 5 days due to being contagious.

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Attorney answers (1)

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There is no law specifically prohibing an employer from firing you because you have the flu or due to a minor illness. However, if you were eligible for leave under the FMLA because you had a serious health conditioni within the meaning of the FMLA, you could have a potential claim under the FMLA. You should check with an attorney or the US Dept. of Labor, Wage & Hour Division to determine if you qualify for coverage under the FMLA. In addition, if you were covered by a union agreement, the union agreement may also be a source of protection.

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