Fired for medical illness

[amiegaines654]

What is the name of your state? Texas

If an employee missed 3 days of work due to illness, with a doctor's note, can they be fired?

 

[cbg]

Yes.

A doctor's note is not a get out of jail free card. It has no force in law unless FMLA (or in some cases the ADA) is involved, and even then it is not always absolute. The fact that an employee has a doctor's note does not in any way limit the employer's right or abililty to make employment decisions.

IF the employer, the employee, and the illness all qualify for FMLA, that's a different story. But simply having a doctor's note is not job protection.

 

[amiegaines654]

Yes.

A doctor's note is not a get out of jail free card. It has no force in law unless FMLA (or in some cases the ADA) is involved, and even then it is not always absolute. The fact that an employee has a doctor's note does not in any way limit the employer's right or abililty to make employment decisions.

IF the employer, the employee, and the illness all qualify for FMLA, that's a different story. But simply having a doctor's note is not job protection.

How do you qualify for FLMA?

 

[cbg]

To qualify for FMLA, ALL of the following have to be true. If even one is not, FMLA does not apply.

1.) The employer has to have no less than 50 employees within 75 miles of your location

2.) You have to have worked for this employer for no less than 12 months.

3.) In the twelve months immediately preceding, you have to have worked no less than 1,250 hours.

4.) The illness has to be a "serious health condition" as defined in the statute.

BTW, even if FMLA applies, a note from the doctor saying "Joe was seen in my office on xx/xx/xxxx" or even "Please excuse Sally from work for the following dates" is not enough. The employer needs to have enough information to determine whether or not FMLA applies.

 

[amiegaines654]

Ok, thank you.