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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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