Illness and Employment

[JT2438]

New York: is it legal for an employer to write me up/terminate my employment for calling off due to illness if I provide them with a doctor's note and proof of medical visit each time?

I struggle with a couple of medical issues and am not eligible for FMLA yet. I can not foresee flare ups and when this illness will hit the hardest. It's day-by-day.

 

[cbg]

Yes, it is. If FMLA does not apply, then a doctor's note carries no more legal weight than a note from me would.

Even if your condition qualifies under the ADA, they are not obligated to provide you with unlimited sick time.

 

[commentator]

File for unemployment insurance. While it is legal to fire you, even with a doctor's statement, if you were absent due to illness with a medical statement, it is not considered misconduct. You couldn't help getting ill, and once you are declared ready to go back to work fully released to work, you will probably be able to draw unemployment insurance.