Can I be fired from my job for being out for 2 weeks?

My doctor put me out. My employer said that she will fire me if I get put out again. I have not been with the company a year yet and I do not quaifly for FMLA. I did have a doctor’s note for the 2 weeks that I was out.

Asked on September 11, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may be fired for missing work, even with a doctor's note: the law does not require employers to retain employees who miss work without employer approval or authorization. If you have sick days or other paid time off you can use to cover any missing days, then you should not be fired for using them, so long as you use them in accordance with company policy; but without such paid time off, your employer may terminate you for missing work. A doctor's note has no authority at all at work--the doctor is not a manager or executive of your company, and cannot require them to retain you.


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