Can I fire this employee? His volunteer firefighting makes him miss too much work — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Can I fire this employee? His volunteer firefighting makes him miss too much work

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Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

A.
Under California law, individuals who register as volunteer firefighters with a local fire department are protected from adverse employment action based upon their need to take time off to perform emergency firefighter duties.

Thus, employers cannot terminate, threaten to discharge, demote, suspend or otherwise discriminate against an employee because he or she has been called away from work to perform emergency duties.

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