My daughter’s boyfriend was advised to go to the hospital to get outpatient therapy for having suicidal thoughts. The Dr.s committed him to the mental health part of the hospital. He’s scared of losing his job.

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My daughter’s boyfriend was advised to go to the hospital to get outpatient therapy for having suicidal thoughts. The Dr.s committed him to the mental health part of the hospital. He’s scared of losing his job.

He works at SCJohnson through Manpower, in Michigan. He is allowed 5
days off which he previously used 1.5 of those days. After the 5 days
are used if he is forced to stay in Hosp. longer than that would he be
fired even with a Drs note? Does he have to disclose to his employer a
mental problem? What are his rights and how can he keep his job?

Asked on May 5, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the employer is covered by the Family & Medical Leave Act (FMLA), which means it has at least 50 employees within a 75-mile radius, and he is himself eligible for FMLA leave (worked there at least a year; worked at least 1,250 hours in the past year), he can take unpaid FMLA leave: up to 12 weeks total of it. He would have to notify the employer he using FMLA leave and fill out the paperwork they will give him.
But if he is not eligible for FMLA leave or his employer not covered, he can only miss as many days of work as he has paid time off (e.g. sick or vacation days); once he goes beyond that, it will be considered and unauthorized absence and he may be terminated, doctor's note or no. You can only miss work with PTO or FMLA leave.


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