Can I get fired for doctors excused absences if I have exhausted my FMLA hours?

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Can I get fired for doctors excused absences if I have exhausted my FMLA hours?

I have been having a lot of issues at work lately with as an EW for Fresno County. I have exhausted my FMLA LOA hours. I have recently lost someone close to me causing much anxiety, panic and stress disorder, I am homeless and have 2 baby girls. This has caused me to miss quite a bit or work. My supervisor is really on me. I have to email when I use ladies room when leave and get back. I cannot have my cell phone out or any type of make up out. I am called in office anytime I am even a minute late or she thinks that I was looking at phone. Can I get fired for dr’s excused absences when I have no hours to take off.

Asked on June 16, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

A worker cannot be fired due solely for having a medical condition or disability, as that would constitute actionable discrimination which is illegal. That having been said, an employee they can be fired for other reasons such excessive absenteeism if they do not use available PTO (i.e. vacation time and/or sick days) or FMLA time to cover their absence. That is unless doing so would violate the terms of a union agreement or employment contract. In your situation, since you appear to have no other time to excuse your absences, you can be terminated if you miss work. This is ture whether or not you have a doctor's note, as such a note is not legally binding on an employer.


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