Employment Law

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Dr note required if you miss 3 or more days sick per

Customer Question
Dr note required if...

Dr note required if you miss 3 or more days sick per handbook I missed thurs Fri & left hour early weds I should not have to get note right? Only missed 2 days plus bour

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Boss texted me that I need fit for duty note to return Mon

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are given 40 hours sick time a year I still had 25 to use by end of year or lose it

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
12/2/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,245
Experience: More than 30 years in legal practice.
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Employment Lawyer: Loren, Lawyer replied 8 months ago

Under the terms described in the policy you would not be required to provide a note. However, you can still be required to provide a fit for duty note if there is some reason to believe your duties would put you in danger of further injury or expose other employees to illness or injury.

Additionally, if your employment is at-will, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

So, while you are not in violation of the policy, this may be one of those situations where the employer is within their rights and it is better to go along rather than fight. You will not likely have a viable claim for wrongful termination in this case if it gets to that.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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