Im being forced to work and I have a medical note saying Im off for 6 weeks

UPDATED: Oct 1, 2022

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Im being forced to work and I have a medical note saying Im off for 6 weeks

My job trying to force me to drive and the doctor took
me off work for 6 weeks and i dont want to loose my
job Ive shown my boss the note and i was fasting
cause I have blood work to do today and they still
trying to send me outta state today and i called my
doctors office and told and they said i cant go and i
dont know what to do cause my job dont and they
still want me to work

Asked on July 13, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your doctor's note has no power over your employer. The law does NOT give you the right to take 6 weeks off from work unless one or both of the following applies:
1) You have and use sufficient paid time off (PTO) you earned to cover the absence; and/or
2) You are eligible for and use Family and Medical Leave Act (FMLA) leave (or leave under a similar state law) for this particular absence.
Otherwise, if you don't use PTO or leave under FMLA or a similar state law, your employer can terminate you for missing work; the law does not require employers to retain employees who miss work otherwise.
You can find the FMLA criteria on the U.S. Dept. of Labor (DOL) website, but in brief, unless the employer has at least 50 employees, you have worked there at least a year, and you worked at least 1,250 hours in the past 12 months, you cannot use unpaid FMLA leave. You can find the criteria for any state leave laws on your state's department 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 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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