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| *Ostroff, Fair and Company>>>Law & Legal |
Can you get fired if you don't have a doctor's note? |
I have been going through some medical problems lately and have missed 4 days of work but not in a row. They demanded a doctor's note the last time I called in and now I had to miss today. Again they called me up asking for a doctor's note! I had my doctor write the last time that I have an ongoing medical condition. I can't keep going to the doctor paying office calls when I have been diagnosed and treated! If I show up without one can I get fired even if I tell them I to re read the last one my doctor gave me! If , as you say, you have an ongoing medical condition, the questiuon arises, "can you do the job.?" The fact that absenteeism has become a problem, may indicate you cannot. Telling them to re read the last note sounds like aggogance on your part, and it may blow up in your face. This is not likely to earn you any favors. = i was recently out two days for some outpatient surgery. I was told, no note, no return to work. Yes they can require a note or let you go. Call your doctor's office and have them fax a note to your employer. What they seem to be saying, with their demands for a doctor's note, is that if you're too sick to work, they expect you to be seeking medical care that day, in which case a note is no big deal. It sounds as if your supervisors are not convinced you're actually ill enough to stay home and seek proof. Your doctor may need to write a more strongly-worded note specifying that your illness or condition is severe enough to keep you home periodically without requiring an office visit, since your treatment is ongoing. I would consider seeking a different job, BTW. This place sounds like distrust of employees is built in. Different employers require different things, and if they suspect you are playing hooky instead of going to the doc then they can ask for a note. Most docs are more than happy to write notes to your employers, they can even write them and fax them, so you don't have to pay for an office visit, just call the office and ask them to fax a note to your workplace. Simple and done. Hope this helps! :-) Yes they can terminate you for what they perceive as not having a legitimate excuse for being absent. Just call your doctor and have them fax over a note showing when your last visit was and that you have an ongoing medical illness that inables you to work. Technically they can't fire you for an illness, as I found out with an employee I had that continuously called in sick, we started asking for doctors notes and she had them fax them over, when I talked to HR about terminating her I was told we couldn't terminate her if she had an illness that was being treated by a doctor, we ended up having to find another reason to terminate her employment. When we did terminate her, the fact that she was sick all the time was not mentioned. She had a doctor fax in a note claiming she was too injured from her car accident to work and needed to be out several days, however, it didn't stop her from coming in to the office to show off her new dog, that was the last straw. So just be careful. If your work site (not the overall company) has more than 50 employees there is a law called FMLA (Family Medical Leave Act) to cover intermediate time off to care for an illness or medical condition. Ask your H.R. office for the paperwork and forms (one for you to complete and one for your doctor to complete). This is protected leave but you still need to certify the condition with these forms to qualify. Yes, the company has the right to ask you for a doctor's note, especially if the absences are close together. They have the right to certify that it is safe for you to work, and safe for you to be at work. They also have the right to fire you if you do not provide the requested note for frequent absences from work. (Attendance issue) http://www.dol.gov/esa/whd/fmla/... - information about FMLA and what qualifies |
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