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.

Small employer: If your employer has 1-14employees, you are not protected under the Americans WithDisabilities Act, so even if you are out sick due to a disability,you have no protection unless your state or local laws coversmaller employers. Family and Medical Leave covers employers thathave 50 or more employees within a 75 mile radius of yourworkplace. If your employer has 1-49 employees, even if you have aserious medical condition, you may be at risk of losing your jobwhen you come back.

Serious medical condition: If your employer has50 or employees within a 75 mile radius of your workplace, ifyou've worked at least a year, and if you have worked at least1,250 hours in the past year, you are entitled to up to 12 weeks ofFamily and Medical Leave for a serious medical condition. However,“serious” is pretty limited. The Department of Labor explains“serious” this way:

• any period of incapacity or treatment connected with inpatientcare (i.e., an overnight stay) in a hospital, hospice orresidential medical care facility; or

• a period of incapacity requiring absence of more than threecalendar days from work, school, or other regular daily activitiesthat also involves continuing treatment by (or under thesupervision of) a health care provider; or

• any period of incapacity due to pregnancy, or for prenatalcare; or

• any period of incapacity (or treatment therefore) due to achronic serious health condition (e.g., asthma, diabetes, epilepsy,etc.); or

• a period of incapacity that is permanent or long-term due to acondition for which treatment may not be effective (e.g.,Alzheimer's, stroke, terminal diseases, etc.); or,

• any absences to receive multiple treatments (including anyperiod of recovery therefrom) by, or on referral by, a health careprovider for a condition that likely would result in incapacity ofmore than three consecutive days if left untreated (e.g.,chemotherapy, physical therapy, dialysis, etc.).

Disability: Assuming your employer has at least15 employees, they're covered under the Americans With DisabilitiesAct. If your illness related to a covered disability, then youremployer must grant a reasonable accommodation for your disability.A reasonable accommodation could include time off for adisability-related illness or treatment. EEOC explains that, “Aperson can show that he or she has a disability in one of threeways:

• A person may be disabled if he or she has a physical or mentalcondition that substantially limits a major life activity (such aswalking, talking, seeing, hearing, or learning).

• A person may be disabled if he or she has a history of adisability (such as cancer that is in remission).

• A person may be disabled if he or she is believed to have aphysical or mental impairment that is not transitory (lasting orexpected to last six months or less) and minor (even if he or shedoes not have such an impairment).”