Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Can your employer refuse a doctor's written statement for

Customer Question
taking the employee of work...
Can your employer refuse a doctor's written statement for taking the employee of work? Off of work for medical condition. (Plantar Fasciitis).
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
9/26/2016
Employment Lawyer: John, Employment Lawyer replied 1 year ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
Experience: Exclusively practice labor and employment law.
Verified

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.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 1 year 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.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 1 year 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.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 1 year 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.

Ask Your Own Employment Law Question
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
5,799 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,799 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I didn't know of this FMLA policy until now. That you're
I didn't know of this FMLA policy until now. That you're eligible for FMLA leave by using compensated sick leave, vacation time or disability leave. I exhausted my sick and vacation leave. Can I apply… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question I was out for ADA leave until August 11 of
I have a question I was out for ADA leave until August 11 of 2017. Due to a car accident My employer just today put me on performance improvement plan (PIP) for the last 60 days. which cover the month of August and September meaning that covering the time while I was on leave. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Im a retired person via permanent disability i cant see or
Hi. Good morning im a retired person via permanent disability i cant see or hear andI have ataxia. So since 01/2015 im RECEIVING SS. And I get 1200 @MO. BUT SINCE I HAVE FUNDS IN EDD MY. QUESTION IS. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I went on FMLA and was replaced in my absence, I reported
I went on FMLA and was replaced in my absence, I reported inappropriate behavior from a supervisor I haven't had a job since July, I work for the Army Department of Defense as civilian, can I negotiat… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
As to our last conversation in July, I was approved for ADA
Hi Doug,As a follow up to our last conversation in July, I was approved for ADA protection for my degenerative disc disease. My condition continues to improve, more slowly than hoped for, but it is im… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An employee takes intermittent FMLA. In addition to her
An employee takes intermittent FMLA. In addition to her regular duties, she also serves on the plant's ERT, or Emergency Response Team. The past 3 incidents of ERT call out were in response to this em… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to get an extension of FMLA if there is a
Is it possible to get an extension of FMLA if there is a serious medical condition … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have ADA accommodations for Dr Appts and FMLA approval 4-5
Hi. I have ADA accommodations for Dr Appts and FMLA approval 4-5 days a month. Monday I sent email to my boss saying I was struggling with my mideical issue. They continued with their emails questions… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Well, My company threatened to take disciplinary action and
Well, My company threatened to take disciplinary action and terminate my employment by performing my job. I'm a safety professional by career and represent a client for safety. The threat came based o… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I have exhausted my fmla and my dr filled out ADA form and I
I have exhausted my fmla and my dr filled out ADA form and I gave this to HR, she informed me that every time I miss work for an episode or for Dr apt of they cannot adjust my schedule, I have to brin… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I am facing probable disciplinary action if not termination
I am facing probable disciplinary action if not termination because I reported a coworker who was disrespectful ,like yelling,at me or embarrassing me.I need a legal representation to help me with thi… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x