Can my employer fire me for being out sick even if I had a doctor’s note?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer fire me for being out sick even if I had a doctor’s note?

Was fired after coming back with a doctor’s note.

Asked on May 29, 2016 under Employment Labor Law, New York

Answers:

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

Answered 8 years ago | Contributor

In most states, a worker has no legal protection if they call out sick, whether or not they have a doctor's note. The laws that protect an employee due to an illness only afford coverage if they have a serious medical condition or disability. Further, most employment is what is known as "at will" which means that a company can set the conditions of work much as it sees fit. Accordingly, an employee can be fired for any reason or no reason at all, including calling out sick.
That having been said, under the FMLA (Family Medical Leave Act), if a company has 50 or more employees within a 75 mile radius of an employee's workplace, if the employee has worked at least a year, and if the employee has worked at least 1,250 hours in the past year, they are entitled to up to 12 weeks of leave for a serious medical condition. Additionally a worker may be covered under the ADA (Americans with Disabilities Act), so if they are out sick for a disability, which includes medical treatments, surgery, etc., they may have protection. The Department of Labor's website will explain further.
Bottom line, your employer's action was legal unless it violated the terms of any an employment contract or union agreement, or it constituted some form of legally actionable discrimination.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption