Wrote up after having Dr note

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Wrote up after having Dr note

I work at a care center and I have had
to miss a few days of work after taking
a trip to the ER. The doctor wrote me a
note for missing that nite and the next
two days reason for this is he
prescribed me some pain killer’s. He
didn’t want me driving or takin a
chance on getting hurt at work. After I
return to work I get told I’m getting
written up for missing work even with
that note from er.
Is this legal for my employer to write
me up? If this is wrong how do I report
it?

Asked on March 13, 2017 under Employment Labor Law, Nebraska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A doctor's note is not controlling on an employer; they can honor it or not as they wish. Therefore, unless you used PTO (vacation time or sick days or such time was covered by the FMLA or ADA) to cover your absence, then you can be written up for being out. That is unless this action violates the terms of a union agreement or employment contract or constitutes some form of legally actionable discrimination. Otherwise, as an "at will" worker, your employer can set the conditions of work much as it sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A doctor's note is not controlling on an employer; they can honor it or not as they wish. Therefore, unless you used PTO (vacation time or sick days or such time was covered by the FMLA or ADA) to cover your absence, then you can be written up for being out. That is unless this action violates the terms of a union agreement or employment contract or constitutes some form of legally actionable discrimination. Otherwise, as an "at will" worker, your employer can set the conditions of work much as it sees fit.


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