Add Comment Question: Hi, my question is i been at my job fir almost a year steady 40 hours plus overtime and benifits. I currently have a date set for a leave for disability due to surgery but the past week or so i been getting really ill from the flu season. I missed two days in a row by calling in on short notice i have a doctor's note. With that said the reason for my surgery is so my immune system gets better right now it is week and hard to fight ouf illnesses.Can i be fired for this legally Answer: No, you cannot. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.