Can a employer terminate you if your FMLA has ended but you have a doctors note stating you are still unable to work ?

Asked on July 19, 2012 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, if you do not come back to work after you have used all your FMLA leave time and you do not have (and use) sick days or other PTO to cover your absence, then your employer may terminate you. Employers are not required to retain employees who cannot or do not work, except to the extent that such employee absence is covered by FMLA leave or by the use of PTO he/she earned. A doctor's note is irrelevant in this regard: the doctor has no authority to require an employer to employ someone who does not, cannot, or will not do the job.

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 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.