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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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