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.

Related FAQs

What is the legal minimum notice period for terminating an employment contract?
Are employers allowed to require employees to work more than 48 hours per week?
Are employees allowed to take their employment case to an Employment Tribunal?
Are employers allowed to dismiss employees on grounds of misconduct without giving them notice?
Are employers allowed to require employees to disclose personal information?
What is the difference between a fixed-term contract and a permanent contract?
What is the difference between a contract of employment and a contract for services?
Is an employer allowed to dismiss an employee without giving them a reason?
Is there a required notice period for terminating an employment contract?
Are employers allowed to require employees to sign a contract for services?

Related Blog Posts

Understanding The Legal Requirements of Employment Contract Law - July 31, 2023
Creating Clarity in Your Employment Contract Drafts - August 7, 2023
Negotiating Key Issues in Employment Contracts - August 14, 2023
The Basics of Garnishment and Withholding in Employment Contracts - August 21, 2023
Essential Components to Include in Your Employment Contract - August 28, 2023