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


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.

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.