can my employer write me up if I have a drs note?

UPDATED: Sep 30, 2022

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can my employer write me up if I have a drs note?

The school called saod my 4 yr old was
sick with fever and vomiting. The next
day I took him to the dr and got a
note to give my employer. Can they
write me up even if I have the drs

Asked on January 12, 2017 under Employment Labor Law, North Carolina


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

Answered 6 years ago | Contributor

The fact is that an employer need to honor a doctor's note. A business is not required to give a worker time off unless they used PTO (or sick days, vacation time, etc.) or they were eligible for leave under the FMLA. Absent those exceptions, if an employee missed work due to medical reasons, they could rightfully be fired or otherwise disciplined. Accordingly, absent a union agreement/employment contract to the contrary or some form of actionable discrimination, a company can set the conditions of work much as it sees fit. This includes when and why to write-up an employee.

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.

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