Can I be terimated if I have doctor’s excuse?

I hurt my hand which put me out of work for 3 days. My employer let me go even though I had a doctor’s note.

Asked on March 19, 2017 under Employment Labor Law, Louisiana

Answers:

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

Answered 3 years ago | Contributor

The fact si that a from a doctornote is not legally binding on an employer. Additionally, a company is free to fire an at-will worker who misses too much work as attendance is a basic job requirement. However, such absences are protected if you were eligible to use: available PTO; the FMLA (Family Medical Leave Act); the ADA (Americans with Disabilities Act); workers' compensation laws; or state paid sick leave laws. Accordingly, absent protection under the terms of a union/collective bargaining agreement ot an employment contract, your employer was free to set the conditions of the workplace much as it saw fit.


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