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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5483
Experience:  Exclusively practice labor and employment law.
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Can your employer refuse a doctor's written statement for

Customer Question

Can your employer refuse a doctor's written statement for taking the employee of work? Off of work for medical condition. (Plantar Fasciitis).
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response.

Expert:  John replied 9 months ago.

Whether to accept a doctor's note as an excuse for a work absence is usually at the employer's discretion. Companies can legally impose disciplinary action for excessive absences even when employees have doctors' notes. An employer might choose to accept a doctor's note for infrequent illnesses or injuries, and refuse other sick notes if it does not believe their validity. In your case, however, you the employer may have contractual restrictions to denying the sick note because you are in a union with a contract that I'm sure addresses absences or at least has a just cause termination provision.

Similarly, plantar fasciatius is not a permanent disability or even one that requires in patient care, thus you do not qualify as disabled or having a serious injury under the ADA or FMLA. As such, any discipline or discharge for the absence would have to be via your union collective bargaining agreement.

Expert:  John replied 8 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 7 months ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.