Is it legal to not honor a doctor’s note when an employee calls in sick?

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Is it legal to not honor a doctor’s note when an employee calls in sick?

I came to notice today that my company does not take into acount that you have a doctors note if you are out sick; the company counts the abscence against you. In fact, when you reach 6, you’re out the door. This strategy I think gives them a way to renew the staff at the call center pretty fast. Do full emplyoees have any kind of law to rely on?

Asked on October 20, 2010 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are an employee at will and the rule is 6 absences and you are out, then you are out.  The fact that you have an "excused" absence does not necessarily matter.  Then employees would go to the doctor for any little thing if it meant that they could take the day without any repercussions or worry that their employment status would be effected.  And an emploter would not be able to function without some rules on attendance.   If you want to double check then I would contact the Department of Labor in your state and ask them the same question.  But I really think that you are going to get the same answer.  Good luck.


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