Can you be punished if you are sick and have a doctor’s note?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you be punished if you are sick and have a doctor’s note?
I was sick and off for 2 days. I have a doctor’s note for both days. I gave my manger the note. But at work today my manger told me that I have to work on of my day off this week becuase I was sick and off last week. Is this legal?
Asked on October 8, 2011 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The law does not require sick days or sick leave, and it does not require companies to allow their employees to take time for illness, except and only to the extent the company and employee are both covered by the Family and Medical Leave Act and the employee specifically used it. A company is allowed to fire employees, if they wish for unexcused absenteeism, and the company also gets to decide what constitutes a valid excuse--and a doctor's note has absolutely no binding legal effect. So yes, unless you had an used sick days or some other PTO for your absences, in accordance with company policy, your employer can very likely require you work on yhour day off because you missed other word days.
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.