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| *Ostroff, Fair and Company>>>Law & Legal |
Can your boss legally do this? |
My boss said a doctors note is NO EXCUSE for being absent--that all that does is tell her that you have been to the doctor. Can she penalize you for being absent? Your boss can inquire about whether your visit to the doctor prevented you from being available or able to work. If you had an illness that prevented you from being able to work, then perhaps your doctor can write you a note to that effect. An employer does NOT have the right to demand to know WHY you were seen or your diagnosis. You may decide to disclose on your own, but due to HIPPA laws, few doctors or medical professionals will actually write this on a slip. They will confirm the appointment was attended, the time and date, and any medical restrictions that would apply to the patient (e.g. bedrest for 2 days; no lifting above 25 pounds, no extended standing, etc.) The employer has a duty to abide by these medical restrictions, or be directly liable for your injury should they choose to disregard. Most companies have a sick/call-in policy. If you have tried to follow it and provided timely notice to the appropriate supervisor, then any action your supervisor takes against you could be challenged with that person's boss or your state's workforce commission, if this negatively impacts your pay, promotion, job status, or retention. There are bad bosses out there who use intimidation to prevent an employee from exercising a reasonable right to protect their health. Me, personally, I don't want sick employees at work making me, and everyone else, including my customers, ill. Source(s): HIPPA; 5 years as a retail manager Not if you have a doctors excuse. Sounds like your boss is a beeotch. sounds like your boss is just out to get you... and no she cant do that, plus you should just be able to take a sick day or something... its retarded to have to explain yourself Depends on what state you are in. Like Texas has a right to hire and fire law. That sounds like crap. If you get fired all you have to do is show proof that you went to the doctor and you can collect unemployment. Call Your bosses boss or the human resources dept. for your company. Get her @$$ fired! Of course your boss can, this isn't elementary school. You're a grown adult--hopefully--and the fact is, if you don't tell your boss you're not going to be there, and then show up a day or days later with a note, he's going to look at you like the idiot you are. Saying you were absent implies that you didn't show up, didn't call in, and basically forgot you had a job and obligations. Do it again and you should be fired. Grow up. Next time something happens, have the curtousy to call in. A sick note signed by your doctor is evidence that you are unfit for work for the period stated on that sick note. For the first 3 days that you are absent from work you have no legal entitlement to pay but afetr that you are entitled to Statutory Sick Pay (by law) for as long as your sick note is valid. This is in place upto 21 weeks |
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