Re ADA – HIPPA and Termination

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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