Sometimes, employees hesitate to tell supervisors about their medical problems, especially if they feel there’s a stigma associated with the condition.
But if the employee misses work and is fired, she can’t use the medical excuse to get unemployment . She has to take reasonable measures to protect her job—such as letting her employer know she is ill.
Recent case: Mawuli Anumah was absent 38 times before she was finally fired for violating the company’s rule. She applied for unemployment, claiming depression caused her absences. She never told her employer about her problem.
The court dismissed her claim, reasoning that employees must take steps to protect their jobs even if that means revealing a medical condition. (Anumah v. Commissioner of Labor, No. 503355, Supreme Court of NY, Appellate Division, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You're justified in firing employee you reasonably believe committed 'Leave fraud'
- What kind of information are we required to give participants in our health insurance plan?
- FMLA, FLSA, ADA and more: The 10 employment laws every manager must know
- Comparing leave time under FMLA, ADA