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

Answers:

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.


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