Can an employee be legally fired from their job for being out on sick leave with Doctor orders?

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Can an employee be legally fired from their job for being out on sick leave with Doctor orders?

My son was fired the morning he went back to work, same day he was released from doctor’s care. They told him it’s because he ran out of sick time. He had not been at the job long enough to acquire much sick time. He was still on 90 day probation period. They also said because he had not gotten his CDL yet, but the first time he took the test, he luckily got to take it, because the company scheduled it a day late. He didn’t pass the first test and was on the schedule to go and take it again, which had already been approved by the boss.

Thank You
Linda Wagner

Asked on March 17, 2017 under Employment Labor Law, Texas

Answers:

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

Answered 7 years ago | Contributor

A doctor's note is not legally binding on an employer. Additionally, a company is free to fire an at-will worker who misses too much work since attendance is a basic requirement of a job. That having been said, such absences are protected if: you had and used available PTO; the FMLA (Family Medical Leave Act); the ADA (Americans with Disabilities Act); workers' compensation laws; state paid sick leave laws. Otherwise, absent protection under the terms of an employment or union/collective bargaining agreement, your son's employer was free to set the conditions of employment much as it saw fit.


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