:eek: I am a per-diem employee working for a HMO health plan in California sense the middle of Jan, 2006. I have taken lots of sick days due to an on going problem that my current Dr. can not figure out. therefore i have not been diagnosed with any medical condition, illness, disability ect. I have always given my supervisor/manager a doctors note for the days that i missed. My job is going to terminate me on Monday 17th if my doctor does not give them a diagnosis of a legal disability that I have. What should I do? Can they do this?

Can they fire you for excessive absences? Yes, they can.

Have you been there long enough to qualify for either FMLA or the California equivalent? And is the company big enough to be subject?

If so, then your doctor would have to provide enough information so that the employer can determine that it is an FMLA (or equivalent) -qualifying condition. It doesn't have to be a disability per se.

I do understand that they can fire me for excessive absences but if I have given them a doctors note for those absences doesn't that count for something.

Not legally, no. You didn't answer the question about FMLA. Does that mean you don't qualify or you don't know whether you do or not?

A doctor's note has no force in law unless FMLA applies. If FMLA does not apply, your employer has no legal obligation to pay any attention to a doctor's note. And if you knew how easy it was to get fraudulent doctor's notes you'd understand why.