Re ADA – HIPPA and Termination

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Re ADA – HIPPA and Termination

I have been out on sick leave – I am part-time per diem so No FMLA Disability,
etc. My physicians and I were in the process of contacting the employer
regarding ADA but wanted to get me stabilized before doing so with a list of
accommodations appt was for 1/16/17. I was out sick with a physicians note but
not why under the HIPPa laws. I receive a certified letter today saying that I
am terminated because the office is busy and there is a need to fill the
position. When I was first out, I let them know right away via email with copies
of the doctor’s absent note and hard mailed. My supervisor responded to the
email that, there would be no issue and nothing further I needed to do other than
send the doctors note and that other per diem employees had leaves of absence so
it would not be a problem. Do I have any recourse?

Asked on January 14, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A doctor's note does not authorize you to miss work--that is a common misconception. You can only legally miss work if you use a protected form of leave, like FMLA leave--which you were not eligible for, if you were part time--or use paid time off which you earned or accrued. Otherwise, the law does not make employers retain employees who miss work, even due to illness, without using PTO or a legally guaranteed form of leave.


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