Can I be written up for visiting the ER with chest pain?

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Can I be written up for visiting the ER with chest pain?

I was experiencing some discomfort with breathing and having some chest pain while at work, so I asked permission to go get checked out at the emergency room. I have a history of heart problems so I wanted to be better safe than sorry. My supervisor allowed me to go. Fortunately, after completing several tests it was determined to be a pulled muscle probably related to moving things at work. The doctor wrote me out the rest of that night to rest. The next day I took the doctor’s note in to work and was written up for unapproved time off. Is this allowed?

Asked on May 16, 2019 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, unless you used PTO or sick time to cover your absence, you can be written up for missing work. The fact is that unless you have a union agreement or employment contract to the contrary, your employer need not accept a doctor's note. Many workers don't realize that most employment relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, unless you used PTO or sick time to cover your absence, you can be written up for missing work. The fact is that unless you have a union agreement or employment contract to the contrary, your employer need not accept a doctor's note. Many workers don't realize that most employment relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).


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