If I didn’t go to work for a week because I was sick and after 3 days they require a doctor’s note but I dont have one, can they fire me?

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If I didn’t go to work for a week because I was sick and after 3 days they require a doctor’s note but I dont have one, can they fire me?

I was sick for a whole week and never got a doctor’s note. The past few days they have let me work without requiring the note. My boss has asked me for a doctors note twice via email. Could they fire me even though they are not following protocol. If I do get fired, could I take legal action?

Asked on June 19, 2012 under Employment Labor Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Many employers actually do require a note after an employee has been off for more than three days.  The purpose of the note is to insure that it's safe or healthy for them for return after a longer absence.  They can require the note.  You may need to make an appointment with a doctor so he can tell your employer that it is okay to return to work.  If you do not supply the note set out in your employer's policies, then you could be subject to discipline consistent with whatever your employer's enforcement actions are.  Your absence doesn't appear to be an FMLA event, but even if it were, the response would still be the same.


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