Can you collect unemployment if you are fired for attendancebut the last time you were out you had a doctor’s note?

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Can you collect unemployment if you are fired for attendancebut the last time you were out you had a doctor’s note?

I am pregnant and have been ill the whole pregnancy. The 3 time I previously called in I did not have a doctors excuse because I did not feel morning sickness would be worth a medical visit. Now I am on a leave that my doctor has requested I be out for 2 weeks. My employer has denied the medical leave and disability claim. Will I be able to receive unemployment if I get fired because I have a medical doctors note for the last occurrence?

Asked on February 4, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, a doctor's note is irrelevant in this situation--the doctor does not have authority over the employer, and the employer does not have to follow the doctor's recommendation. If you are absent without employer permission, you may be terminated for unexcused absenteeism, which is grounds for termination for cause; therefore, if the employer chooses to contest your unemployment claim, you could be denied unemployment.


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