My daughter’s boyfriend was advised to go to the hospital to get outpatient therapy for having suicidal thoughts. The Dr.s committed him to the mental health part of the hospital. He’s scared of losing his job.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My daughter’s boyfriend was advised to go to the hospital to get outpatient therapy for having suicidal thoughts. The Dr.s committed him to the mental health part of the hospital. He’s scared of losing his job.
He works at SCJohnson through Manpower, in Michigan. He is allowed 5
days off which he previously used 1.5 of those days. After the 5 days
are used if he is forced to stay in Hosp. longer than that would he be
fired even with a Drs note? Does he have to disclose to his employer a
mental problem? What are his rights and how can he keep his job?
Asked on May 5, 2017 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the employer is covered by the Family & Medical Leave Act (FMLA), which means it has at least 50 employees within a 75-mile radius, and he is himself eligible for FMLA leave (worked there at least a year; worked at least 1,250 hours in the past year), he can take unpaid FMLA leave: up to 12 weeks total of it. He would have to notify the employer he using FMLA leave and fill out the paperwork they will give him.
But if he is not eligible for FMLA leave or his employer not covered, he can only miss as many days of work as he has paid time off (e.g. sick or vacation days); once he goes beyond that, it will be considered and unauthorized absence and he may be terminated, doctor's note or no. You can only miss work with PTO or FMLA leave.
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.