Can I be fired for illness?

[aaronredcat]

i contracted Hepatitus A and was told to stay at home and away from people/work until it was no longer contagous and i was feeling better and cleared medicaly to return. i have missed several weeks of work and may miss several more. i have been with the company since mid october of 2008. i was told that i have no more sick days or vacation days and that i do not qualify for a leave due to my employment status of under one year. therefore i can resign and hope to be rehired or i can stay on and face review and most likely termination for failing to show up for my scheduled shift. can i be fired for missing work due to a legitimate documented illness? i live in hawaii, does this state have any law protecting me or does federal law offer me anything?

 

[jacksgal]

It appears FMLA does not apply here so yes you can. However it would be smart to discuss with a labor law Attorney your situation

 

[cbg]

Since you have only been with the company since October of 2008, you are not eligible for any protected medical leave. That being the case, yes, you can legally be terminated for an extended absence, even if the reason is medical in nature. No law in any state requires an employer to hold a job indefinitely, no matter how well documented the illness.