Sacked while on doctors sick note

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Sacked while on doctors sick note

Hello, so I injured my back at work and got
signed off by a doctor for it, then my work place
rung me up and sacked me over the phone as I
wasnt in work, they were fully aware that I was
off with a doctors note as they have the doctors
note, just curious to see where I stand

Asked on April 11, 2018 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Contrary to popular belief, a doctor's note does NOT let you miss work. You can miss work without being fired due to illness, injury, or medical care only if one of the following applies:
1) You have and used sick leave (sick days) for the absence.
2) Your employer has a "call out" policy allowing you to miss work if you call in the absence properly, and followed the policy exactly.
3) Your employer is large enough to be covered by the Family & Medical Leave Act (FMLA), you are eligible for it (worked there at least a year; worked at least 1,250 hours in the past 12 months), and your absence is for 3 or more days.
Otherwise, if you miss work, even with a doctor's note, you may be terminated for your absence.


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