Polkton, NC asked in Civil Rights and Employment Law for North Carolina

Q: Can I be fired in north Carolina for calling out to care for my sick child?

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1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Knoxville, TN
  • Licensed in North Carolina

A: Yes, unless your absence to care for your child is otherwise covered under the Family and Medical Leave Act (FMLA). The FMLA provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by FMLA. The serious health condition can be the employee's own or of an immediate family member. At a minimum, the employer must have at least 50 employees and the employee must have worked at least 12 months and more than 1250 hours. In general, things such as colds, the flu, upset stomach, dental problems and the like are not serious health problems. If an employee on FMLA is able to return to work in 12 weeks or less, then the employer must return the employee to the same or equivalent position. Employees are also allow to take FMLA on a intermittent basis (here and there as needed).FMLA makes it unlawful for a covered employer to interfere with an employee's FMLA rights or leave or retaliate against an employee for exercising FMLA rights.

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