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Although the general answer is yes, it is accompanied by many what ifs. If the employee's absences are caused by medical reasons, including pregnancy or disability, you mayand more than likely wouldviolate the Family Medical Leave Act, the American Disabilities Act, or any applicable state laws.
Kansas is an employment-at-will state. This means that either the employer or the employee may end the employment relationship at any time, for any reason, or for no reason, unless an agreement exists to the contrary. There are, however, limitations to the at-will doctrine.
Bottom line If you're an at-will employee, technically, your employer can fire you for calling in sickbut that doesn't always apply. As an employee, it's important to know your rights and when your employer doesand does nothave the legal right to fire you for calling in sick.
You cannot fire an employee for being sick. But most employers have an attendance policy and instead would document unexcused absences over a period of time, and eventually fire them for excessive absenteeism, after a series of warnings.
Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action.
If you plan to terminate an employee, consider sending him or her a written notice and explanation beforehand. Usually, you cannot terminate an employee on grounds of absenteeism if you only expect that the employee will miss excessive amounts of work; instead, there must be an actual record of absenteeism.
No. Because Kansas is an employment at will state, an employee can quit his/her job without any notice.
Dear Employee Name: As of the date of this letter, you have been absent from work since date of last day of work or last day of approved leave. Because your absence has not been approved, and we have not heard from you, we have determined that you have abandoned your position.
You can send a termination letter to the employee following the termination meeting with return receipt requested, or you can hand the letter to the employee at the end of the meeting. It should be printed on company stationery with the official signature of the employee's manager.