Is it legal for an employer to write someone up for missing 4 days of work, if they had a doctor’s note?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for an employer to write someone up for missing 4 days of work, if they had a doctor’s note?

Asked on March 22, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, an employer may do this. The  doctor has no authority over the employer--it does not need to follow his judgment or opinion in this regards. Moreover, the law does not require employers to provide either paid sick days or even unpaid time off for illness, unless, that is, the Family and Medical Leave Act or a similar state law is involved; that means that employers could, as a general matter, choose to fire employees who have any unauthorized absences, including for illness. Since an employer could choose to fire employees who miss work, it may take steps less than that, such as writing up employees who miss work for illness.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption