Is it legal for an employer to write someone up for missing 4 days of work, if they had a doctor’s note?
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Is it legal for an employer to write someone up for missing 4 days of work, if they had a doctor’s note?
Asked on March 22, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, an employer may do this. The doctor has no authority over the employer--it does not need to follow his judgment or opinion in this regards. Moreover, the law does not require employers to provide either paid sick days or even unpaid time off for illness, unless, that is, the Family and Medical Leave Act or a similar state law is involved; that means that employers could, as a general matter, choose to fire employees who have any unauthorized absences, including for illness. Since an employer could choose to fire employees who miss work, it may take steps less than that, such as writing up employees who miss work for illness.
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