Dr. Notes

UPDATED: Oct 1, 2022

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Dr. Notes

I think I was fired from my job after being injured at work, going into the ER and getting a note for 2 days off. I’m not sure becasue my boss hasnt answered me but according to one of my co-workers im not on the schedule anymore even though I was before this week started.

Asked on December 11, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you use paid time off (e.g. sick days? vacation or personal days?) you had accrued or earned for the absence? Or did you simply not show up for work? If you used PTO, you may not be retaliated against for using it: if they are not scheduling you because you used PTO, you could file a wrongful termination lawsuit against them.
But if you simply missed work without using PTO, then unless you 100% complied with some other policy (like a "call out" policy) which would let you miss this many days at this time on this amount of notice, you may be terminated. (And having a call-out policy or the like is voluntary for employers: an employer does NOT have to let employees call out of work, even for emergencies.) There is no general right to miss work, even for medical reasons: if miss work without using PTO or adhering to a call-out policy, *if* your employer has one, you may be terminated or otherwise disciplined (e.g. suspended; hours reduced; etc.) A doctor's note does not matter unless the employer wants it to matter: the doctor has no authority over the employer.
(Note: Family and Medical Leave Act, or FMLA, leave is not available if you missed 2 days of work, even if you and your employer are both otherwise covered: FMLA only applies to medical conditions requiring at least *three*, not two, consecutive days out of work. For  general information about when FMLA applies and who is covered, go to the U.S. Dept. of Labor website.)

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 AttorneyPages.com 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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