Can I be terminated if my doctor said that I can’t work for 2 days?

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Can I be terminated if my doctor said that I can’t work for 2 days?

I had gotten hurt at home on February 7, and went to work with a brace well my boss had sent me to the hospital because he wanted to make sure I was safe to work, and well come to find out I tore some ligaments in my knee and was told by my doctor that I could return to work Monday with no restrictions other than using my crutches. I took my doctor’s orders to my HR director where she had said that she doesn’t know if I can have the 2 days without losing my job since Im in my probationary period. So my question is since it medically ordered that I can’t work until Monday can they take my job from me?

Asked on February 8, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be terminated for this reason unless you have and use paid time off (PTO), like sick or vacation days, which are currently available to you to cover the absence. The law does not give you the right to miss work, even for medical reasons, without using paid time off, the permission (voluntarily given) of your employer, or using Family and Medical Leave Act (FMLA) leave--but if you've only been there less than a year, you cannot use FMLA leave.


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