Sacked while on doctors sick note

UPDATED: Oct 1, 2022

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Sacked while on doctors sick note

Hello, so I injured my back at work and got
signed off by a doctor for it, then my work place
rung me up and sacked me over the phone as I
wasnt in work, they were fully aware that I was
off with a doctors note as they have the doctors
note, just curious to see where I stand

Asked on April 11, 2018 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Contrary to popular belief, a doctor's note does NOT let you miss work. You can miss work without being fired due to illness, injury, or medical care only if one of the following applies:
1) You have and used sick leave (sick days) for the absence.
2) Your employer has a "call out" policy allowing you to miss work if you call in the absence properly, and followed the policy exactly.
3) Your employer is large enough to be covered by the Family & Medical Leave Act (FMLA), you are eligible for it (worked there at least a year; worked at least 1,250 hours in the past 12 months), and your absence is for 3 or more days.
Otherwise, if you miss work, even with a doctor's note, you may be terminated for your absence.

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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