Can my employer suspend me if I have a doctor’s note?

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Can my employer suspend me if I have a doctor’s note?

I had wisdom teeth and molars removed on Thursday. I asked for Thursday and Friday off and was still having major symptoms on Monday. I called in by email. I spoke with the doctor’s office on phone and the doctor sent note by email. However, went in this morning, I got suspended for attendance, 3 days no pay. I’m worried that things could turn ugly. If I’m terminated over this, do I have a leg to stand on?

Asked on August 15, 2017 under Employment Labor Law, Colorado

Answers:

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

Answered 4 years ago | Contributor

An employer need not accept a docor's note; there is no legal requirement that they do so. Therefore, if you were out unexcused, then you can be disciplined for attendance. This means you can face suspension and/or termination. That is unless such an action would violate the terms of a union agreement or employment contract. The fact is that an employee can be terminated, etc. for any reason or no reason at all, with or without notice (absent some form of legally actionable discrimination). So unless your absence was covered under PTO (i.e. sick or vacation time), you have no claim here.


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