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Getting fired when you have doctors orders to be off.

by Terry
(Shepherdsville, KY, USA)

I was wondering if my doctor put me off work for a week and I have already been in trouble over my attendance can they terminate me? Can anybody give me some advise bcuz I'm in a position and am afraid I may lose my job of 4 years. Terry

Hi Terry,

Yup, an employer can fire you for being absent due to illness if you are not protected by the FMLA (Family Medical Leave Act).

But if they do, and you have verifiable doctor orders to not work .. you'll collect unemployment because it is a discharge for a reason other than misconduct .. even if you are on thin ice for attendance issues.

It's because a "verified illness" is beyond your control.

Just be sure to provide the orders to the employer and just to be safe .. continue to follow any call-off procedure.


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by: Anonymous

I had a total knee replacement in April 2010 and I took too long to heal and my doctor keep me off work, i submitted all the doctors forms stating the time off dates to my employer, but in Nov 2010 my employer terminated me, the reason that I was taking to long to recover and they had to hire someone else to replace me, im recieveing disability benefits, my question is after I recover from my surgery am I entitle to recieve UI benefits. Was my employer correct on terminating me, the company is in Virginia, but my office is in California and I pay payroll taxis and Social Security in california. Please advice


Can I assume you were let go at the end of a Family Medical Leave?

Thank You
by: Terry

Thanks for answering my ? it sucks but it is what it is.

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