If you get hurt but have a doctor’s excuse to be off, can your employer terminate your employment
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you get hurt but have a doctor’s excuse to be off, can your employer terminate your employment
I broke my collar bone at home and have a doctor’s excuse to be off work 6 weeks. I have been there less than a year and do not qualify for FMLA. The HR person tells me that if I’m unable to return to work that I will point out and be terminated in 2 weeks
Asked on May 7, 2012 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, except for FMLA and similar state laws (which have similar eligibility requirements), the law does not require employers to retain or employ people who miss work for any reason, including an injury like the one you describe: your employer may terminate you for missing work. Your doctor's note has no legal or binding authority over your employer.
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.