Unable to Perform Because of Illness, Injury or Severe Intoxication

Being Unable to Perform Because of Illness, Injury or Severe Intoxication

We’ve all been there – waking up with a nasty cold or maybe after a night of too many drinks and just not feeling up to going to work or school. It happens. But what are your options legally when illness, injury or intoxication prevent you from fulfilling your duties? Can your boss fire you for calling in sick? What protections do you have? Let’s break it down.

First up, illness. We’re talking a legitimate illness here confirmed by a doctor, not just you claiming to have the sniffles to get out of a big meeting. Generally, employers have to provide sick leave and can’t discipline you for using it. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of job-protected time off for serious health conditions. And the Americans with Disabilities Act (ADA) protects those with chronic conditions. Of course, there are exceptions – FMLA doesn’t cover small businesses, for example.

What about when you’re just too hungover to drag yourself into the office? That’s trickier territory. An employer can discipline or even terminate you for intoxication on the job or showing up unable to work due to drinking. But calling in sick due to a hangover, while frowned upon, is usually allowed if it’s not a pattern. Unless you work in a safety-sensitive job, in which case showing up impaired could get you fired fast. Use your best judgment and don’t make a habit of the “flu after happy hour.”

Okay, so what if you’re injured off the job and can’t work? Say you broke your dominant arm mountain biking on the weekend? The ADA would require your employer to provide reasonable accommodations, like voice recognition software, to help you work. But if you literally can’t perform the essential duties of your job even with accommodations, they don’t have to hold your job indefinitely.

Short-term disability benefits may provide partial pay if you’re injured off the job. Workers’ compensation kicks in for on-the-job injuries but has lots of complicated rules. And don’t try to fake an injury – insurance fraud is illegal!

The bottom line is communication and common sense. Don’t take advantage of leave policies. Be upfront if you’re sick or hurt. Get necessary doctor notes. See if you can work modified duty. Protecting your health, both physical and mental, should be the priority. But also realize that employers have needs too. With open communication and empathy on both sides, solutions can often be found when illness or injury arise.

So take care of yourself but also hold up your end at work. And maybe lay off the tequila shots on work nights. Here’s hoping we all stay healthy and happy on the job!