Are employers allowed to dismiss an employee on grounds of ill health?

Yes, employers in California are allowed to dismiss an employee on grounds of ill health. However, the termination of employment must be done in accordance with the state’s relevant employment laws. For example, the California Family Rights Act (CFRA) prohibits employers from discriminating against a worker because of their disability or serious medical condition. Therefore, if an employee is incapacitated due to their illness, their employer cannot terminate their employment without first considering their CFRA rights. Additionally, employers may not terminate the employee solely because they are suffering from an illness or require medical attention. The California Fair Employment and Housing Act (FEHA) also protects employees from wrongful termination due to their medical condition or illness. Under FEHA, employers are required to provide reasonable accommodations to disabled employees, unless providing the accommodation would impose an “undue hardship” on the employer. Therefore, employers must consider to what extent they can make workplace changes so as to meet the needs of an ill employee. In summary, it is legal for employers in California to dismiss an employee on grounds of ill health, however, the dismissal must be done in accordance with the relevant state employment laws. Employers must consider the employee’s rights under the CFRA and the FEHA, as well as any reasonable accommodations that can be made to accommodate their illness.

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Are employers allowed to dismiss an employee on grounds of ill health?

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