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dewdrop1129
11-30-2006, 03:23 PM
I need to find out if there is any law in Texas that states that may not fire an employee that is sick with a doctor's note?

Texas709
11-30-2006, 03:45 PM
There is no Texas law that addresses the issue of "sick time". Time off for illness is regulated, to some extent, by the federal Family and Medical Leave Act (FMLA), which provides for up to 12 weeks job protection (without pay) for some circumstances (serious medical condition) for some employees of some employers.

Absent coverage of the FMLA, employers may fire employees for missing work whether they have a doctor's note or not, unless the doctor is the employer.

dewdrop1129
11-30-2006, 03:46 PM
Ok thank you. Every one kept telling me that They could not fire me while I was home sick with a doctor's note. I just wanted to see if that was true or not.

patriot1123
11-30-2006, 03:51 PM
Unless the time off is required as a reasonable accommodation for a disability (physical or mental impairment that substantially limits one or more major life activities; a common illness would not be a disability).

dewdrop1129
11-30-2006, 03:53 PM
What if I had just found out that I was pregnant and I had in the past miscarried? I had just found out the day before they had fired me. Doc wanted me to get my emotions in order.

patriot1123
11-30-2006, 03:55 PM
How many employees does the company have within 75 miles of your workplace?

How long have you been employed there?

Have you worked 1250 hours in the past year?

What reason did the employer think you were off for? In other words -- you found out you were pregnant, but did you tell the employer that before you were fired?

dewdrop1129
11-30-2006, 03:58 PM
Yes I called in sick told them that I had a doctor's note. They asked if it was a tubal pregnancy and I told them that there where no complications that we knew of yet but that I still had to go to an OB/GYN and that I would let them know. They said ok then called me back about 3 hours later and told me that they were leting me go.

patriot1123
11-30-2006, 07:10 PM
It's difficult to evaluate without the answers to my other questions, but it is possible that your termination violates the FMLA and Title VII (pregnancy discrimination). Perhaps you should contact the United States Department of Labor and the Equal Employment Opportunity Commission.

cbg
11-30-2006, 11:14 PM
Outside of FMLA, a doctor's note has no force in law and can be completely disregarded by the employer.

Until you answer patriot's questions, no one can tell if FMLA applies or not.

ElleMD
12-01-2006, 10:37 AM
What if I had just found out that I was pregnant and I had in the past miscarried? I had just found out the day before they had fired me. Doc wanted me to get my emotions in order.

Taking the day off to celebrate your pregnancy would not fall under FMLA even if you otherwise qualified. The fact that your doctor wrote you a note is meaningless as you yourself indicated that there was no problem.

In fact it looks a little like fraud when an employee says they aren't sick and everything is well, then produces a note from the doctor stating that they need to be off. I'm not saying you weren't entitled to take a personal day or that you were trying to be untruthful, but looking at it from the other side, it could appear as such.

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