If I have a note from a doctor saying that I’m not supposed to work and to excuse me from working and my job has a no-fault policy for attendance, can I be fired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a note from a doctor saying that I’m not supposed to work and to excuse me from working and my job has a no-fault policy for attendance, can I be fired?
Asked on September 12, 2015 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, you can be fired. People often think that an employer must follow a doctor's note or recommendation, and in a way, that is logical we are all used, in our private lives, to taking what doctors say very seriously. However, a doctor does not actually have any authority over your employer--the doctor is not, for example, an owner or executive of the company, and is not a judge or other person who has legally order the company to do something. So the employer is not required to excuse you from working because a doctor said so.
More importantly, the law does not require employers to employee workers who cannot or do not work. So if you can't work or do not come into work, you can be fired unless
1 You have, and use, sufficient earned paid time off e.g. sick days to cover your absence
2 You are eligible for and use unpaid Family and Medical Leave Act leave or similar leave under your state's laws for the absence. You can find the rules for FMLA leave at the U.S. Department of Labor's website.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.