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work refuses to accept dr's note, states i wasnt sick, gave me 3 days off w/o pay

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  • work refuses to accept dr's note, states i wasnt sick, gave me 3 days off w/o pay

    On Monday I became ill at work and told my foreman that I needed to leave. I immediately went to the doctor who diagnosed me with bronchitis and gave me two prescriptions and an excuse from work on Tuesday and Wednesday. I went back to work today, Tuesday, and my boss would not accept the doctor's note. He stated that I was not sick and just trying to get out of work. As punishment he gave me three days off without pay.

  • #2
    Das ist in der Doktor!

    Originally posted by mellysa View Post
    On Monday I became ill at work and told my foreman that I needed to leave. I immediately went to the doctor who diagnosed me with bronchitis and gave me two prescriptions and an excuse from work on Tuesday and Wednesday. I went back to work today, Tuesday, and my boss would not accept the doctor's note. He stated that I was not sick and just trying to get out of work. As punishment he gave me three days off without pay.
    And your question is.....??

    Here, let me go out on a limb and guess.
    Can he do that?
    Yes he can do that.

    How my doing ?

    Do I have any recourse ?
    Yes you do.
    Do not use up all your sick time or PTO and expect a Dr's note to bale you out.
    Or you can quit,
    and no, you will not get UI benefits if you do quit..
    There are no laws that will force an employer to except a Dr's note and excuse you from work. There are circumstances and exceptions to that but what you have doesn't even come close to being one of them.
    Your Boss has done nothing illegal,
    in fact he may have did you a favor by giving you three days to think about if you really want to keep that job or look for another one. Hey, it always worked for me.
    Forgive me for doing a lot of guessing, but you left us little choice but guess.
    The thing with the Dr note and your boss doing nothing illegal, those weren't guesses those were facts.
    ..___________________
    ~ There's such a fine line between stupid and clever
    Last edited by drruthless; 09-11-2012, 05:12 PM.

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    • #3
      Are you an exempt or non-exempt employee?

      Comment


      • #4
        Have you asked what proof he will accept? If it is just a generic note that says, "Please excuse mellysa from work on Tuesday and Wedneday", that may not cut it. Even still, is there an appeals/grievance process where you work? An HR department? I have a feeling there is a LOT more to this story than we are getting but based just on what you describe, I'm not seeing anything illegal.

        If you had been incapacitated for longer and if you had given your employer more information and if you qualified for FMLA, then there might be recourse. Right now, there isn't legally but you may want to address it within the company.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          HRinMA asked if you are exempt or non-exempt.

          If you did/do any work in the workweek & are exempt, generally you have to be paid for the full workweek. There are exceptions - one being for disciplinary deductions. However, what the employee did had to be a serious safety infraction or other serious workplace infraction/conduct rule - not performance or attendance issues.

          http://www.dol.gov:80/elaws/esa/flsa/overtime/cr5.htm

          However; if you are non-exempt, the above would not apply.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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          Comment

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