If I have a doctor’s note, can I be terminated for being out sick?

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If I have a doctor’s note, can I be terminated for being out sick?

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Asked on November 4, 2016 under Employment Labor Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer need to honor a doctor's note. The fact is that a business is not required to give a worker time off unless they have earned and used PTO (i.e. sick days or vacation time) or they are eligible for, and used, leave under the FMLA. Therefore, absent these 2 exceptions, if an employee misses work for medical reasons their employer may fire them, even if they present a doctor's note. Accordingly, absent an employment contract/union agreement to the contrary or some form of actionable discrimination, a company can set the conditions of the workplace much as it sees fit. This includes when and why to discharge a worker.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer need to honor a doctor's note. The fact is that a business is not required to give a worker time off unless they have earned and used PTO (i.e. sick days or vacation time) or they are eligible for, and used, leave under the FMLA. Therefore, absent these 2 exceptions, if an employee misses work for medical reasons their employer may fire them, even if they present a doctor's note. Accordingly, absent an employment contract/union agreement to the contrary or some form of actionable discrimination, a company can set the conditions of the workplace much as it sees fit. This includes when and why to discharge a worker.


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