What are my rights if I got fired for having too many doctor’s notes?

UPDATED: Sep 29, 2022

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What are my rights if I got fired for having too many doctor’s notes?

I missed about 7 to 10 days. I had a infection in my tooth which was visible to customers. Then I found out a manager was made at me from another store same branch and wanted to get me fired. Witness is available if needed. I’m from Poland born and raised which I don’t know if that help the situation at all.

Asked on September 26, 2015 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can be fired for missing work, whether or not you had a doctor's note, unless
1 you had enough paid time off PTO to cover the absences and used that PTO for that purpose or
2 your employer was covered by the Family and Medical Leave Act or FMLA e.g. had at least 50 employees, you were eligible for FMLA leave worked at least a year at this job, and at least 1,250 hours in the past year, and you used FMLA unpaid leave for the absences.
Apart from the above using PTO you earned for the absences being covered under and using FMLA leave, your employer is allowed to terminate your for missing work, even if you missed it for medical reasons and/or had doctor's notes.

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