Donna Ballman, an employment law blogger,offers the following on what employees need to know about theirlegal rights if they have to call in sick:

Minor illness: If you're out sick for a day ortwo with, say, a cold or something minor, you have little legalprotection under federal law. The laws that protect you for illnessonly protect you if you have a serious medical condition or anillness relating to a disability. Doctor's note or no, if you liveanywhere but Montana you're in an at-will state, meaning you can befired for any reason or no reason at all. That includes being sick(unless your state or city has a paid sick leave law).

Safety violation: OSHA is the federal agencythat covers safety violations. If your illness makes it unsafe towork, then you may be protected if you refuse to break the law. Ina recent case, a trucker taking narcotics for an illness whorefused to drive in violation of trucking safety laws wasreinstated to his job. If you work in the health industry or foodservice, if you are contagious, or if you are in a regulatedindustry, work safety laws may require that you not go to worksick. Most people, however, are not covered.

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