CanI be terminated due to my absences from work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI be terminated due to my absences from work?
I worked for a doctor’s office. I was sick alot but I had doctors notes (if not every time most of the time). I am being told the notes, as well as the providers sending me home due to illnesses, doesn’t matter. They are looking at the total history of my 11 years with the company. Each time I had sick leave and vacation time available to use.
Asked on August 8, 2011 Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general matter, a doctor's notes don't matter: a company is under no general obligation to allow employees to take time off from work for *any* reason--for example, companies choose to provide sick days; the law does not make them do this. So you can be fired for absenteeism despite doctor's notes. The exceptions are:
1) You used sick, vacation, or other PTO days that you had earned; as long as days you earned covered the absences, and you complied with any/all rules about taking them (e.g. proper notice), you may be able to fight termination.
2) If your employer is covered by some leave law, like the Family and Medical Leave Act (though note: FMLA only covers employers with at least 50 employees) and you qualify for coverage, too (e.g. worked enough), then if you properly invoked and used the protected leave, you cannot be fired.
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.